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ORIGINAL: dcnovice

FR

I've wondered if the prosecution was just going through the motions. (Pun unintended.)

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ORIGINAL: tazzygirl

Someone point out to me where it says it has to be a caregiver who commits the 3rd degree?

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ORIGINAL: Arturas

In the trial that George is in for a little while more, the prosecution at the last moment tried to sneak in a charge of "Child Abuse" this morning. It was in an oh by the way email to the Defense this morning. Of course, the Judge tossed it out.

Do you think the prosecution are slime balls for doing this?

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ORIGINAL: Subtlycaptivated

tazzy, I think the premis of caregiver comes from the allegation of abuse that the prosecutor was seeking to add at the last minute to the charges.

that one guy, powergames? was saying that it would only stick if Zimmerman had been a caregiver, but...he wasn't. I argued that because of his position as a neighborhood watch couldn't it be construed that he was a caregiver? We never got a reply to that. Just banter.

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ORIGINAL: tazzygirl

Someone point out to me where it says it has to be a caregiver who commits the 3rd degree?

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ORIGINAL: Phydeaux

Powergame's point is that there are ethical obligations that bind the prosecution, and all parts of the chain. Police offices have to get a warrant. They have to mirandize you. Grand juries have to be convened for certain actions. Prosecution must give you full discovery. Judges are not allowed to confer with one lawyer without the other present. Etc.

So the power of the state is constrained in numerous ways. No self incrimination. Trials by jury. Probable cause. Reasonable doubt.
things like evidentiary law, where heresay isn't admissable.

etc.

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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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ORIGINAL: farglebargle

If he was 'protecting the community', and Trayvon Martin was a LEGAL RESIDENT OF THAT COMMUNITY, then doesn't George Zimmerman ASSUME THAT RESPONSIBILITY?

The fact that he didn't even bother trying to identify himself, or presume that Trayvon Martin had every lawful reason to be going about his peaceful business unmolested -- that's the negligent act that convicts him on manslaughter.