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Subtlycaptivated -> RE: Is the prosecution a bunch of slimeballs? (7/12/2013 5:48:57 PM)
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I absolutely see what you are saying...and that makes a great deal more sense than the previous replies.
I was simply stating it as an argument that could be made to a certain extent. Even if the argument was later invalidated or completely ripped to shreds.
It's the idea that the wording could be construed and moved around.
But I do see what you are saying and I do agree that the obligation would be minimal, if it existed at all.
=)
quote:
ORIGINAL: Phydeaux
As to your point about Zimmerman being a caregiver - not in the legal sense of the statute.
But putting that objection aside, caregiver implies a familial obligation. A guardian ad litem, and elder guardian, a parent or foster parent are caregivers to those whose abilities to defend themselves are impaired, which a neighborhood watch person does not have.
Even if you were to say that he had a professional or ethical responsibility it wouldn't qualify under the statute as an "caregiver" obligation. No more than having a fiduciary responsibility as an accountant would make you a caregiver - unless in fact the person were in your care.
Being a neighborhood watch person would not qualify. Even if you could argue that zimmerman had an obligation (which does not exist) to provide care for the neighborhood, the counter argument would be that travon did not qualify, perhaps not being a resident of the neighborhood.
But more importantly, a good samaritan exception would seem to apply.
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