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RE: Zimmerman Trial - LIVE - 6/30/2013 4:31:29 AM   
DomKen


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Joined: 7/4/2004
From: Chicago, IL
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quote:

ORIGINAL: truckinslave

quote:

The duty to retreat is not removed because you got bumped in the knees.


There is no such duty at either the Florida or federal level (if there was such a federal requirement, and it was Constitutional, all SYG laws would be trumped immediately).

Yes, there is in the Florida self defense statute. Since Zimmerman is not claiming SYG that is irrelevant.

(in reply to truckinslave)
Profile   Post #: 601
RE: Zimmerman Trial - LIVE - 6/30/2013 4:35:11 AM   
DomKen


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Joined: 7/4/2004
From: Chicago, IL
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quote:

ORIGINAL: truckinslave

DK, I am not an attorney, but...
I have never heard of a case in WV where a defendant was not allowed to plead self-defense. Perhaps someone some time killed a sleeping man with a high-powered rifle at 300 yards and was so denied.

quote:

Also if there is a struggle over a weapon then the shooting isn't self defense


Someone attacks me, tries to take my weapon, and ends up dead, and it's not self defense?? Seriously? To me, and I believe to everyone I've ever talked to about armed self-defense, that's a no-brainer and we're back to Stinson:

That the attacker sustained a mortal wound is a matter that should have been considered by the deceased before he committed himself to the task he undertook.

I was the trainer for probably a thousand CCW applicants; to all of us, try to take my weapon at your own mortal peril.

Self defense requires that you intentionally discharge the weapon. If you and another person are struggling for the gun and either you or the other person pull the trigger without full control of it you cannot claim self defense. You have options for your defense but self defense isn't one of them.

(in reply to truckinslave)
Profile   Post #: 602
RE: Zimmerman Trial - LIVE - 6/30/2013 4:58:47 AM   
Raiikun


Posts: 2650
Status: offline

quote:

ORIGINAL: DomKen


quote:

ORIGINAL: truckinslave

quote:

The duty to retreat is not removed because you got bumped in the knees.


There is no such duty at either the Florida or federal level (if there was such a federal requirement, and it was Constitutional, all SYG laws would be trumped immediately).

Yes, there is in the Florida self defense statute. Since Zimmerman is not claiming SYG that is irrelevant.


George's defense is claiming that George had no requirement to retreat, but since he was on his back unable to retreat it doesn't matter if he was required to retreat or not.

(in reply to DomKen)
Profile   Post #: 603
RE: Zimmerman Trial - LIVE - 6/30/2013 5:19:39 AM   
DomKen


Posts: 19457
Joined: 7/4/2004
From: Chicago, IL
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quote:

ORIGINAL: Raiikun


quote:

ORIGINAL: DomKen


quote:

ORIGINAL: truckinslave

quote:

The duty to retreat is not removed because you got bumped in the knees.


There is no such duty at either the Florida or federal level (if there was such a federal requirement, and it was Constitutional, all SYG laws would be trumped immediately).

Yes, there is in the Florida self defense statute. Since Zimmerman is not claiming SYG that is irrelevant.


George's defense is claiming that George had no requirement to retreat, but since he was on his back unable to retreat it doesn't matter if he was required to retreat or not.

That's why he has to establish he wasn't legally the aggressor because if he was he did have a duty to retreat before employing deadly force.

(in reply to Raiikun)
Profile   Post #: 604
RE: Zimmerman Trial - LIVE - 6/30/2013 5:25:08 AM   
Raiikun


Posts: 2650
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quote:

ORIGINAL: DomKen


quote:

ORIGINAL: Raiikun


quote:

ORIGINAL: DomKen


quote:

ORIGINAL: truckinslave

quote:

The duty to retreat is not removed because you got bumped in the knees.


There is no such duty at either the Florida or federal level (if there was such a federal requirement, and it was Constitutional, all SYG laws would be trumped immediately).

Yes, there is in the Florida self defense statute. Since Zimmerman is not claiming SYG that is irrelevant.


George's defense is claiming that George had no requirement to retreat, but since he was on his back unable to retreat it doesn't matter if he was required to retreat or not.

That's why he has to establish he wasn't legally the aggressor because if he was he did have a duty to retreat before employing deadly force.


Actually burden is on the State to show he was the aggressor.

(in reply to DomKen)
Profile   Post #: 605
RE: Zimmerman Trial - LIVE - 6/30/2013 5:29:34 AM   
vincentML


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quote:

ORIGINAL: jlf1961

One more thing that bothers me, and it is not about the case itself, but the jury.

6 women? why not 12 jurors on this trial?

"In 1970, the U.S. Supreme Court approved the use of a 6-person jury in a Florida criminal case, ruling that neither the language nor the history of the U.S Constitution mandates a 12-person jury. Instead, the Supreme Court, referring to the 12-person jury as a “historical accident,” held that the purpose of a jury is to provide a cross-section of the community, and juries of less than 12 persons in serious felony cases do not violate that purpose or the constitution. Nevertheless, only two states in the U.S. (Florida and Connecticut) allow for 6-person juries for serious felony accusations."
http://bonniesudderth.wordpress.com/2011/08/04/why-are-some-cases-decided-by-only-6-jurors-instead-of-12/

(in reply to jlf1961)
Profile   Post #: 606
RE: Zimmerman Trial - LIVE - 6/30/2013 6:13:04 AM   
igor2003


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quote:

ORIGINAL: tj444


quote:

ORIGINAL: truckinslave

quote:

Regardless of Zimmy denying he tried to hold or grab Martin to hold him for the cops, it is my opinion that is exactly what he did


I try to base my opinions on facts.
I haven't seen anything even alleged that supports that opinion.

the facts dont exist at this point.. there is no proof either way.. and I dont believe Zimmy, his word/claims imo are not actual facts & are biased due to the situation he finds himself in & him not wanting to go to jail.. The jury does not have the luxury of having facts on who started the physical altercation, but they will have to decide regardless.. I am not on the jury so I have my own opinions on what happened..


Actually, there are some facts indicating that Zimmerman tried to grab and hold Martin, though some of it is definitely circumstantial.

First, look at Zimmerman’s “mindset” that night. From the beginning he showed an aggressive attitude. His complaining about how “these assholes, they always get away” clearly shows that he thought Martin was already guilty of “something” and he wanted him caught.

While in his truck he follows Martin until Martin leaves the roadway. When Martin runs to get away, Zimmerman gets out of his truck and runs after him. His “excuse” was that he was looking for an address to direct the police to, but that doesn’t fly since he went directly past the first building where he could have easily found house numbers.

He ignored Neighborhood Watch instructions to only observe and not follow.

When asked by the dispatcher if he was following Martin he gave a definite, “Yes”, (which he later denied and said he was only “going in the same direction as Martin!”) After the dispatcher told him that they didn’t need him to do that, he said “OK”. Of course, by that time he had lost sight of Martin and could no longer follow him anyway. But that didn’t keep him from staying in the area looking for him…for about another 2 minutes, in which he could have easily strolled back to his truck with time to spare.

Before ending his conversation with the dispatcher he first said he would meet the responding officer at his truck, but then changes his mind and asks for the responding officer to call him on his cell phone to find out his location at that time. The ONLY reason he would request that is because he didn’t intend to be at his truck, even though it was very close by. WHY would he not be at his truck? I think everyone knows that answer even if they won’t admit it.

Admittedly, that is all pretty much circumstantial up to that point, though it clearly shows that Zimmerman had an aggressive attitude that evening.

Lastly, though many want to discredit Martin’s friend on the phone since what she has to say goes counter to what they want to believe happened, her account of what took place just before Martin’s phone went dead indicates that Martin was in some way being accosted. What she heard was Martin saying, “Get off! Get off!”. If he was attacking Zimmerman, then why would he be saying anything like that? (My own guess is that during the struggle Martin may well have been saying something more like, “let GO OF me! Let GO OF me!” With the emphasis on the “GO OF” and the headset Martin was using already out of place the first and last words may not have come through and the resulting two middle words came through as “GET OFF”…but that is my own supposition.) Of course there are the nay-sayers that won’t give any credit to the girls testimony since it tosses their own theories out the window.

So you have Zimmerman with his “These assholes, they always get away” attitude, following and chasing Martin, ignoring Neighborhood Watch instruction, and ignoring the dispatcher. And you have Martin who ran from Zimmerman, and hid in the bushes to avoid Zimmerman (according to Zimmerman’s own statement to Det. Singleton on the night of the murder he saw Martin emerge from the bushes), and also backed up by statement’s from the friend on the phone when she told about how Martin started talking “real low” (like a person would do if they were hiding.)

All of this put together indicates that Zimmerman was the most likely of the two to have initiated the physical altercation, something Martin had clearly been trying to avoid.


_____________________________

If the women don't find you handsome they should at least find you handy. - Red Green

At my age erections are like cops...there's never one around when you need it!

Never miss a good chance to shut up. - Will Rogers


(in reply to tj444)
Profile   Post #: 607
RE: Zimmerman Trial - LIVE - 6/30/2013 6:21:43 AM   
Raiikun


Posts: 2650
Status: offline
George actually acknowledged the following day to police that he was following Trayvon, the address thing wasn't an excuse, it actually happened.

That night, George got out of the vehicle in direct response to being asked where Trayvon was running. When the dispatcher realized he was following, he advised him not to, and George agreed, at the T intersection at this point. Then Noffke asks about an address, which George is unable to give, being in q cut through, with only the backs of houses visible, so he goes on to RVC. After giving up waiting on police he heads to his truck, where the encounter occurs 10 seconds jog from George's truck.

When retelling the events after, George got details out of order, and remedied it the following day when the walkthrough helped jog his memory. George has never tried to deny trying to keep an eye on Trayvon, only insisting that he pursued him. And no evidence exists that George confronted or tried to detain, or even desired or expected to come face to face with Trayvon.

(in reply to igor2003)
Profile   Post #: 608
RE: Zimmerman Trial - LIVE - 6/30/2013 6:25:53 AM   
farglebargle


Posts: 10715
Joined: 6/15/2005
From: Albany, NY
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The FLORIDA STATUTES for self-defense don't apply since Zimmerman PROVOKED ( which is the legal standard ) the confrontation. He PROVOKED the confrontation the moment he got closer to Trayvon Martin than a police office would allow you to get without proper identification and knowledge that you were not a threat.

Since Zimmerman clearly provoked the incident, Zimmerman needs to show that he exhausted EVERY opportunity to retreat. Since he shot Martin dead far away from the concrete he claims he was at risk of death from, we see that Zimmerman could have run away, and never tried.

_____________________________

It's not every generation that gets to watch a civilization fall. Looks like we're in for a hell of a show.

ברוך אתה, אדוני אלוקינו, ריבון העולמים, מי יוצר צמחים ריחניים

(in reply to Raiikun)
Profile   Post #: 609
RE: Zimmerman Trial - LIVE - 6/30/2013 6:36:44 AM   
Kirata


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Joined: 2/11/2006
From: USA
Status: offline

quote:

ORIGINAL: farglebargle

He PROVOKED the confrontation the moment he got closer to Trayvon Martin than a police office would allow you to get

Yeah really, those police offices are tough.

K.

(in reply to farglebargle)
Profile   Post #: 610
RE: Zimmerman Trial - LIVE - 6/30/2013 6:58:23 AM   
Raiikun


Posts: 2650
Status: offline
Florida requires an intentional use or threat of force to count as provocation. Even getting in someone's face and calling him racial slurs does not make you the aggressor according to the appellate courts in Florida.

(in reply to Kirata)
Profile   Post #: 611
RE: Zimmerman Trial - LIVE - 6/30/2013 7:13:08 AM   
Kana


Posts: 6676
Joined: 10/24/2006
Status: offline

quote:

ORIGINAL: tj444


quote:

ORIGINAL: truckinslave

quote:

Regardless of Zimmy denying he tried to hold or grab Martin to hold him for the cops, it is my opinion that is exactly what he did


I try to base my opinions on facts.
I haven't seen anything even alleged that supports that opinion.

the facts dont exist at this point.. there is no proof either way..


Which kinda leads to reasonable doubt....


quote:

ORIGINAL: tj444


quote:

ORIGINAL: Raiikun

An eyewitness to the 'attack on a cop' thing said that what George actually did was simply put his hand on his shoulder and ask what's going on.
And the restraining order thing was mutual,with the whole thing getting dismissed.

I somehow doubt that Zimmy only put his hand on the cops shoulder, there wouldnt have been the original charge/arrest otherwise..


Errr, I don't know where you live, but here in the great state of Maryland,especially Baltimore City,touching a cop is a major no-no. As in, you touch a cop,in general, with few exceptions (Like you're a hot ass bitch taking his belt off with your teeth) you are going to jail.
If you're getting arrested on another charge,resisting arrest will be added.If not, then the touch is assaulting an officer.
Either way, yeah, touching an officer who is in the course of his duties tend to lead to a night in jail.


quote:

ORIGINAL: DaddySatyr


In my very first post about this subject, I called Zimmerman a "cowboy". It is starting to look like I was very wrong.
Peace and comfort,
Michael


Fuck Dude, what are you trying to do,break the internet.Much less,P&R.You can't go around admitting you may have been wrong,changing your original opinion in the light of facts-you have to be entrenched, you have to reach an instant conclusion based on little to no evidence and support it to the death like a Russian at Stalingrad. And for Gods sakes man, don't be open to the thoughts of others-you could pollute the whole place.



_____________________________

"One of God's own prototypes. A high-powered mutant of some kind never even considered for mass production. Too weird to live, and too rare to die. "
HST

(in reply to tj444)
Profile   Post #: 612
RE: Zimmerman Trial - LIVE - 6/30/2013 7:17:06 AM   
Raiikun


Posts: 2650
Status: offline
Heh I've got one better. I originally signed the petition to have George arrested, before the evidence started coming out that made it clear my initial psotion was rushed and inaccurate.

(in reply to Kana)
Profile   Post #: 613
RE: Zimmerman Trial - LIVE - 6/30/2013 7:39:46 AM   
kdsub


Posts: 12180
Joined: 8/16/2007
Status: offline
quote:

Why did you assume Martin attacked or, initiated an attack.


The GF said Martin yelled "get off , get off".


Which tells me George initiated the conflict........started the fight.


No this says nothing...can you not see where none of this can hold up in a court of law...who knows in what context this was said if it was said at all. Just try for a minute to change your perspective...Zimmerman said that was his voice... the family says it was Martins voice... hell who could tell who's voice over a cell when yelling? If you were unbiased and on a jury hearing that testimony could you convict a man not knowing for sure who said what and in what context? I couldn't. If the "get off" was heard why was not the initial supposed confrontation by Zimmerman... Do you think Zimmerman just walked up to Martin and without saying a word started fighting... and then get off was heard... come on... things do not add up and there is reasonable doubt... where was the rest of the argument?

Nothing in the testimony so far would leave me without doubt as to the happenings on that night and I could not convict someone on my emotional feelings.

Butch

< Message edited by kdsub -- 6/30/2013 7:43:58 AM >


_____________________________

Mark Twain:

I don't see any use in having a uniform and arbitrary way of spelling words. We might as well make all clothes alike and cook all dishes alike. Sameness is tiresome; variety is pleasing

(in reply to Owner59)
Profile   Post #: 614
RE: Zimmerman Trial - LIVE - 6/30/2013 7:44:14 AM   
Raiikun


Posts: 2650
Status: offline

quote:

ORIGINAL: kdsub

quote:

Why did you assume Martin attacked or, initiated an attack.


The GF said Martin yelled "get off , get off".


Which tells me George initiated the conflict........started the fight.


No this says nothing...can you not see where none of this can hold up in a court of law...who knows in what context this was said if it was said at all. Just try for a minute to change your perspective...Zimmerman said that was his voice... the family says it was Martins voice... hell who could tell who's voice over a cell when yelling? If you were unbiased and on a jury hearing that testimony could you convict a man not knowing for sure who said what and in what context? I couldn't. If the "get off" was heard why was not the initial supposed confrontation by Zimmerman... Do you think Zimmerman just walked up to Martin and without saying a word started fighting... and then get off was heard... come on... things do not add up and there is reasonable doubt where was the rest of the argument?

Nothing in the testimony so far would leave me without doubt as to the happenings on that night and I could not convict someone on my emotional feelings.

Butch


Especially since that witness has lied multiple times under oath.

(in reply to kdsub)
Profile   Post #: 615
RE: Zimmerman Trial - LIVE - 6/30/2013 7:45:26 AM   
jlf1961


Posts: 14840
Joined: 6/10/2008
From: Somewhere Texas
Status: offline
I thought the neighborhood watch groups did not condone the members to do armed patrols.

I could be wrong, if so okay.

_____________________________

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You cannot control who comes into your life, but you can control which airlock you throw them out of.

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(in reply to kdsub)
Profile   Post #: 616
RE: Zimmerman Trial - LIVE - 6/30/2013 7:47:48 AM   
kdsub


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Joined: 8/16/2007
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I don't know either but that makes no difference by the law in Florida...or Missouri. If I want to walk my streets at night with a gun under my belt I can with the proper permit.

Butch

_____________________________

Mark Twain:

I don't see any use in having a uniform and arbitrary way of spelling words. We might as well make all clothes alike and cook all dishes alike. Sameness is tiresome; variety is pleasing

(in reply to jlf1961)
Profile   Post #: 617
RE: Zimmerman Trial - LIVE - 6/30/2013 7:51:33 AM   
farglebargle


Posts: 10715
Joined: 6/15/2005
From: Albany, NY
Status: offline

quote:

ORIGINAL: Raiikun

Florida requires an intentional use or threat of force to count as provocation. Even getting in someone's face and calling him racial slurs does not make you the aggressor according to the appellate courts in Florida.


"Threat of force" == "entering Martin's Personal Safety Zone after putting him in fear for his life"

You know, there's a whole history of "Crazy Ass Crackers" abducting and lynching black kids in the south, right?

_____________________________

It's not every generation that gets to watch a civilization fall. Looks like we're in for a hell of a show.

ברוך אתה, אדוני אלוקינו, ריבון העולמים, מי יוצר צמחים ריחניים

(in reply to Raiikun)
Profile   Post #: 618
RE: Zimmerman Trial - LIVE - 6/30/2013 7:52:48 AM   
farglebargle


Posts: 10715
Joined: 6/15/2005
From: Albany, NY
Status: offline

quote:

ORIGINAL: kdsub

I don't know either but that makes no difference by the law in Florida...or Missouri. If I want to walk my streets at night with a gun under my belt I can with the proper permit.

Butch


Can you do that while taking amphetamines to stay focused and sleeping pills to unwind and not have your meds actively monitored by the prescribing physician?

_____________________________

It's not every generation that gets to watch a civilization fall. Looks like we're in for a hell of a show.

ברוך אתה, אדוני אלוקינו, ריבון העולמים, מי יוצר צמחים ריחניים

(in reply to kdsub)
Profile   Post #: 619
RE: Zimmerman Trial - LIVE - 6/30/2013 7:54:02 AM   
kdsub


Posts: 12180
Joined: 8/16/2007
Status: offline
Believe me I am not defending this man... Or the law that enabled him. But so far I just cannot see where there is enough evidence to convict him.

If I were Martins parents and Zimmerman was quitted I would pursue him in civil court where there may be enough evidence...even though it would be little solace. And it is a shame they could not sue the State of Florida the real culprits in this tragedy.

Butch

< Message edited by kdsub -- 6/30/2013 8:18:59 AM >


_____________________________

Mark Twain:

I don't see any use in having a uniform and arbitrary way of spelling words. We might as well make all clothes alike and cook all dishes alike. Sameness is tiresome; variety is pleasing

(in reply to kdsub)
Profile   Post #: 620
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