quote:

the criminal procedure allows a defendant to file a motion to have the judge dismiss the charges against him/her.

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The judge cannot refuse to grant the defendant's motion to dismiss the charge(s) based on justifiable use of force on the basis that the evidence on each side conflicts. The judge is supposed to weigh the evidence and grant the defense motion to dismiss if the defense establishes the force used by the defendant was justified by a preponderance of the evidence. If the judge makes such a determination, the judge must then dismiss the charge(s) against the defendant without the case ever going to a trial before a jury.

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ORIGINAL: farglebargle

http://www.jacksonvillecriminallawyerblog.com/2009/06/how_is_a_self_defense_argument.html

Salient points. Everything else is pretty much immaterial filler.

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the criminal procedure allows a defendant to file a motion to have the judge dismiss the charges against him/her.

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The judge cannot refuse to grant the defendant's motion to dismiss the charge(s) based on justifiable use of force on the basis that the evidence on each side conflicts. The judge is supposed to weigh the evidence and grant the defense motion to dismiss if the defense establishes the force used by the defendant was justified by a preponderance of the evidence. If the judge makes such a determination, the judge must then dismiss the charge(s) against the defendant without the case ever going to a trial before a jury.

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ORIGINAL: Real0ne

so he was walking to his suv and the black kid jumped him and was on top of him beating his ass to a pulp and he shot him

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ORIGINAL: farglebargle

And where in Flordia CPL ( Criminal Procedure Law ) is are the police authorized to not file a felony manslaughter information once all the facts required to establish probable cause is established?

Manslaughter in florida is simple. TWO requirements.

One. Trayvon Martin is dead.

Two. George Zimmerman did it.

That's it. And since Zimmerman ADMITS killing Martin, everything else is boring paperwork.

Unless, of course, you have that citation of Florida CPL to support your assertion that they can then opt NOT to file the established criminal charges?

quote:

ORIGINAL: farglebargle

quote:

ORIGINAL: Real0ne

so he was walking to his suv and the black kid jumped him and was on top of him beating his ass to a pulp and he shot him

That may or may not be true. Of course, that's for a Judge or Jury to decide.

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III. PRELIMINARY PROCEEDINGS

RULE 3.120.

COMMITTING JUDGE

Each state and county judge is a committing judge and may issue a summons to, or a warrant for the arrest of, a person against whom a complaint is made in writing and sworn to before a person authorized to administer oaths, when the complaint states facts that show that such person violated a criminal law of this state within the jurisdiction of the judge to whom the complaint is presented. The judge may take testimony under oath to determine if there is reasonable ground to believe the complaint is true. The judge may commit the offender to jail, may order the defendant to appear before the proper court to answer the charge in the complaint, or may discharge the defendant from custody or from any undertaking to appear. The judge may authorize the clerk to
issue a summons.

quote:

ORIGINAL: Real0ne

quote:

ORIGINAL: farglebargle

quote:

ORIGINAL: Real0ne

so he was walking to his suv and the black kid jumped him and was on top of him beating his ass to a pulp and he shot him

That may or may not be true. Of course, that's for a Judge or Jury to decide.

whats that how close to death a beating has to be before you can blow someone away?

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ORIGINAL: farglebargle

quote:

ORIGINAL: Real0ne

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ORIGINAL: farglebargle

quote:

ORIGINAL: Real0ne

so he was walking to his suv and the black kid jumped him and was on top of him beating his ass to a pulp and he shot him

That may or may not be true. Of course, that's for a Judge or Jury to decide.

whats that how close to death a beating has to be before you can blow someone away?

Putting aside Zimmerman needing to prove that he 1) he was attacked 2) "reasonably" felt that he was at risk of death great bodily harm, UNDER FLORIDA LAW, the extent of the injuries is SPECIFICALLY the Jury's to decide.

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ORIGINAL: Real0ne

how much blood needs to be spraying before its reasonable.

quote:

ORIGINAL: farglebargle

That's not a citation of the Law.

Consider:

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III. PRELIMINARY PROCEEDINGS

RULE 3.120.

COMMITTING JUDGE

Each state and county judge is a committing judge and may issue a summons to, or a warrant for the arrest of, a person against whom a complaint is made in writing and sworn to before a person authorized to administer oaths, when the complaint states facts that show that such person violated a criminal law of this state within the jurisdiction of the judge to whom the complaint is presented. The judge may take testimony under oath to determine if there is reasonable ground to believe the complaint is true. The judge may commit the offender to jail, may order the defendant to appear before the proper court to answer the charge in the complaint, or may discharge the defendant from custody or from any undertaking to appear. The judge may authorize the clerk to
issue a summons.

And you know, I don't believe there's any limits on people who can file a felony information, if they can support it.

So, IN THEORY, You could go to a judge, say George Zimmerman is guilty of manslaughter because 1) Trayvon Martin is dead and 2) George Zimmerman admits it and he doesn't have a legal excuse to do it.

Then the judge would say, "Well, those ARE the only requirements for manslaughter, so we should have Zimmerman explain why he thinks it's legal", and the American Criminal Justice Process would proceed.


NOW THAT YOU HAVE AN EXAMPLE. PLEASE PROVIDE US WITH ONE TO SUPPORT YOUR INVALID HYPOTHESIS, THAT A POLICE OFFICER HAVING PROBABLE CAUSE FOR A MANSLAUGHTER CAN OPT TO NOT FILE CHARGES.

NOW THAT YOU HAVE AN EXAMPLE. PLEASE PROVIDE US WITH ONE TO SUPPORT YOUR INVALID HYPOTHESIS, THAT A POLICE OFFICER HAVING PROBABLE CAUSE FOR A MANSLAUGHTER CAN OPT TO NOT FILE CHARGES.



NOW THAT YOU HAVE AN EXAMPLE. PLEASE PROVIDE US WITH ONE TO SUPPORT YOUR INVALID HYPOTHESIS, THAT A POLICE OFFICER HAVING PROBABLE CAUSE FOR A MANSLAUGHTER CAN OPT TO NOT FILE CHARGES.

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ORIGINAL: MrBukani

police academy training lol, like the pigs are saints.[:D]
like sergeants are pretty angels.[:D]

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ORIGINAL: subrob1967

I see a lot of may's, no shall's. Tell ya what Fargle, start your own country, write laws that say cops must arrest suspects and bring them before a Judge to determine guilt or innocence of the suspect... Just ignore the police academy training, year of probation, and years of experience Cops gain from working the job, and have it your way.[8|]

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ORIGINAL: subrob1967

When the officer on scene decides no crime was committed, duh.