RE: The REAL discrimination in the Zimmerman case. (Full Version)

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cloudboy -> RE: The REAL discrimination in the Zimmerman case. (7/17/2013 12:07:31 PM)

And in FLA, you don't have to prove self defense, the state has to prove that it wasn't self defense. So, not only is the witness dead, but the killer can also hide behind the 5th Amendment and make assertions of self defense before the trial that can't be actively cross examined.




vincentML -> RE: The REAL discrimination in the Zimmerman case. (7/17/2013 12:14:10 PM)

quote:

Uh, no. Not the defense's place to prove anything. The prosecution failed to prove his guilt, at least beyond a reasonable doubt. They bore the burden of proof.

Well, that's the purpose of the Bill of Rights . . . to give the individual the ability to stand somewhat equally against the enormous power and resource of the state. Why would you wish to change that? The number of wrongfully accused and sentenced to death bears witness to prosecutorial error and in some cases criminal practices. See: http://www.innocenceproject.org/




vincentML -> RE: The REAL discrimination in the Zimmerman case. (7/17/2013 12:15:57 PM)


quote:

ORIGINAL: cloudboy

And in FLA, you don't have to prove self defense, the state has to prove that it wasn't self defense. So, not only is the witness dead, but the killer can also hide behind the 5th Amendment and make assertions of self defense before the trial that can't be actively cross examined.

And yet Florida manages to execute its share of murderers somehow.




DomKen -> RE: The REAL discrimination in the Zimmerman case. (7/17/2013 12:34:09 PM)


quote:

ORIGINAL: cloudboy

And in FLA, you don't have to prove self defense, the state has to prove that it wasn't self defense. So, not only is the witness dead, but the killer can also hide behind the 5th Amendment and make assertions of self defense before the trial that can't be actively cross examined.

The prosecution made a serious blunder playing all of the police interview with Zimmerman. they should have just shown the excerpts that could be proven to be lies. The defense could not enter those tapes as evidence which would have functionally forced Zimmerman to testify and that would have probably been the end of the case as Zimmerman's many lies and use of psychoactive drugs would have come in during cross examination.




Phydeaux -> RE: The REAL discrimination in the Zimmerman case. (7/17/2013 2:43:11 PM)

quote:

ORIGINAL: DomKen


quote:

ORIGINAL: cloudboy

And in FLA, you don't have to prove self defense, the state has to prove that it wasn't self defense. So, not only is the witness dead, but the killer can also hide behind the 5th Amendment and make assertions of self defense before the trial that can't be actively cross examined.

The prosecution made a serious blunder playing all of the police interview with Zimmerman. they should have just shown the excerpts that could be proven to be lies. The defense could not enter those tapes as evidence which would have functionally forced Zimmerman to testify and that would have probably been the end of the case as Zimmerman's many lies and use of psychoactive drugs would have come in during cross examination.


Nah, the defense would have made motion to have the whole tapes played anyway for context. Its not worth the risk of seeming underhanded.

Objecton
"Your honor, the defense requests that the prosecution play the entire tape so the context of Mr. Zimmermans testimony can be made apparent to the jurors..."




vincentML -> RE: The REAL discrimination in the Zimmerman case. (7/17/2013 3:08:10 PM)


quote:

ORIGINAL: Termyn8or

quote:

i heard reports it cost the state of Florida, $600,000 to prosecute Zimmerman.


Every tme I hear bullshit like that I want to scream BULLSHIT !

It didn't cost them or anyone a fucking dime, all those people are on salary. If someone wants to claim that they SHOUDL be sitting on their asses doing nothing fine, but they still get paid no mmatter what.

T^T

Whoa . . ... . . . good point [:D]




Phydeaux -> RE: The REAL discrimination in the Zimmerman case. (7/17/2013 3:14:28 PM)

Wrong again vincent. You are correct that these people are paid salaries. However, those salaries buy a certain number of hours in a year. Those hours can be used to prosecute zimmerman - or they can be used to prosecute real crimes.

It is perfectly acceptable per GAAP to say that it cost whatever the actual numbers are - which as I understand it are $1 mil

quote:

ORIGINAL: vincentML


quote:

ORIGINAL: Termyn8or

quote:

i heard reports it cost the state of Florida, $600,000 to prosecute Zimmerman.


Every tme I hear bullshit like that I want to scream BULLSHIT !

It didn't cost them or anyone a fucking dime, all those people are on salary. If someone wants to claim that they SHOUDL be sitting on their asses doing nothing fine, but they still get paid no mmatter what.

T^T








vincentML -> RE: The REAL discrimination in the Zimmerman case. (7/17/2013 3:17:08 PM)


quote:

ORIGINAL: DarkSteven

There's been a lot of talk about racial discrimination in the Zimmerman case. But there's a very serious bias that is not discussed.

Zimmerman is alive. Martin is not. Under the current US justice system of "innocent until proven guilty", the fact that the deceased cannot provide evidence is HUGE.

Is there any way to counter the fact that a survivor has a big advantage?

Implicit in the OP (at least to me) is the notion that the state has a duty of justice to the deceased and/or to his kin. The state will tell you they speak for the deceased. You hear it often from TV shows that have a coroner, a crime scene crew, or homicide detectives. But I am not buying that. Sounds like just a way to give meaning to their jobs. I don't see where the state assumes any responsibility legally for the deceased. Prosecutors, cops, etc represent and speak for the 'people' i.e. the state. The rest just seems to be populist romance. Justice is 'fairness' and I don't see where a dead person has a claim on fairness in a criminal court.




vincentML -> RE: The REAL discrimination in the Zimmerman case. (7/17/2013 3:21:26 PM)

quote:

Wrong again vincent. You are correct that these people are paid salaries. However, those salaries buy a certain number of hours in a year. Those hours can be used to prosecute zimmerman - or they can be used to prosecute real crimes.

Also a good point. [:D]

But it is not until the jury speaks do we know whether legally a crime was committed.

So, some other cases will be hurried or put on the side burner for awhile. If no one is being paid overtime no additional expense is accrued. Eventially all cases will be heard or settled.




BamaD -> RE: The REAL discrimination in the Zimmerman case. (7/17/2013 3:31:12 PM)


quote:

ORIGINAL: Moonhead

It certainly didn't come across as a $600,000 prosecution, did it?
If pay for state prosecutors was performance related, somebody would be getting a hefty salary cut for next month's payslip...

Could have done as well for $4.50 and I don't fancy myself to be a lawyer.




Raiikun -> RE: The REAL discrimination in the Zimmerman case. (7/17/2013 3:31:56 PM)


quote:

ORIGINAL: DomKen


quote:

ORIGINAL: cloudboy

And in FLA, you don't have to prove self defense, the state has to prove that it wasn't self defense. So, not only is the witness dead, but the killer can also hide behind the 5th Amendment and make assertions of self defense before the trial that can't be actively cross examined.

The prosecution made a serious blunder playing all of the police interview with Zimmerman. they should have just shown the excerpts that could be proven to be lies. The defense could not enter those tapes as evidence which would have functionally forced Zimmerman to testify and that would have probably been the end of the case as Zimmerman's many lies and use of psychoactive drugs would have come in during cross examination.


If the State plays an excerpt from an interview, at the Defense's request they're required to play the whole thing, per the Rule of Completeness. Thus the State was not permitted to only play excerpts.




BamaD -> RE: The REAL discrimination in the Zimmerman case. (7/17/2013 3:38:31 PM)

quote:

ORIGINAL: Phydeaux

Wrong again vincent. You are correct that these people are paid salaries. However, those salaries buy a certain number of hours in a year. Those hours can be used to prosecute zimmerman - or they can be used to prosecute real crimes.

It is perfectly acceptable per GAAP to say that it cost whatever the actual numbers are - which as I understand it are $1 mil

quote:

ORIGINAL: vincentML


quote:

ORIGINAL: Termyn8or

quote:

i heard reports it cost the state of Florida, $600,000 to prosecute Zimmerman.


Every tme I hear bullshit like that I want to scream BULLSHIT !

It didn't cost them or anyone a fucking dime, all those people are on salary. If someone wants to claim that they SHOUDL be sitting on their asses doing nothing fine, but they still get paid no mmatter what.

T^T










Another problem running tests costs.
Bringing in experts costs.
Overtime costs.
You can see where this goes.
That figure can be above and beyond the normal pay of the prosecution team.
And remember it was a "special" prosecutor so there would be added expenses in this.
All that said I do not know exactly how these figures of expense were calculated




BamaD -> RE: The REAL discrimination in the Zimmerman case. (7/17/2013 3:44:41 PM)

Another problem running tests costs.
Bringing in experts costs.
Overtime costs.
You can see where this goes.
That figure can be above and beyond the normal pay of the prosecution team.
And remember it was a "special" prosecutor so there would be added expenses in this.
All that said I do not know exactly how these figures of expense were calculated




quote:

ORIGINAL: BamaD

quote:

ORIGINAL: Phydeaux

Wrong again vincent. You are correct that these people are paid salaries. However, those salaries buy a certain number of hours in a year. Those hours can be used to prosecute zimmerman - or they can be used to prosecute real crimes.

It is perfectly acceptable per GAAP to say that it cost whatever the actual numbers are - which as I understand it are $1 mil

quote:

ORIGINAL: vincentML


quote:

ORIGINAL: Termyn8or

quote:

i heard reports it cost the state of Florida, $600,000 to prosecute Zimmerman.


Every tme I hear bullshit like that I want to scream BULLSHIT !

It didn't cost them or anyone a fucking dime, all those people are on salary. If someone wants to claim that they SHOUDL be sitting on their asses doing nothing fine, but they still get paid no mmatter what.

T^T







DomKen -> RE: The REAL discrimination in the Zimmerman case. (7/17/2013 4:11:42 PM)


quote:

ORIGINAL: Phydeaux

quote:

ORIGINAL: DomKen


quote:

ORIGINAL: cloudboy

And in FLA, you don't have to prove self defense, the state has to prove that it wasn't self defense. So, not only is the witness dead, but the killer can also hide behind the 5th Amendment and make assertions of self defense before the trial that can't be actively cross examined.

The prosecution made a serious blunder playing all of the police interview with Zimmerman. they should have just shown the excerpts that could be proven to be lies. The defense could not enter those tapes as evidence which would have functionally forced Zimmerman to testify and that would have probably been the end of the case as Zimmerman's many lies and use of psychoactive drugs would have come in during cross examination.


Nah, the defense would have made motion to have the whole tapes played anyway for context. Its not worth the risk of seeming underhanded.

Objecton
"Your honor, the defense requests that the prosecution play the entire tape so the context of Mr. Zimmermans testimony can be made apparent to the jurors..."

They couldn't. The prosecution has an absolute right to cross examine any witness for the defense. If the prosecutions doesn't play the tapes the only way the defense gets them in is if Zimmerman takes the stand.




DomKen -> RE: The REAL discrimination in the Zimmerman case. (7/17/2013 4:15:57 PM)


quote:

ORIGINAL: Raiikun


quote:

ORIGINAL: DomKen


quote:

ORIGINAL: cloudboy

And in FLA, you don't have to prove self defense, the state has to prove that it wasn't self defense. So, not only is the witness dead, but the killer can also hide behind the 5th Amendment and make assertions of self defense before the trial that can't be actively cross examined.

The prosecution made a serious blunder playing all of the police interview with Zimmerman. they should have just shown the excerpts that could be proven to be lies. The defense could not enter those tapes as evidence which would have functionally forced Zimmerman to testify and that would have probably been the end of the case as Zimmerman's many lies and use of psychoactive drugs would have come in during cross examination.


If the State plays an excerpt from an interview, at the Defense's request they're required to play the whole thing, per the Rule of Completeness. Thus the State was not permitted to only play excerpts.

Nope.
Florida's version
quote:

A defendant’s exculpatory out-of-court statement is admissible into evidence when a state witness has testified to incriminating statements contemporaneously made by the defendant and ‘the jury should hear the remaining portions at the same time so as to avoid the potential for creating misleading impressions by taking statements out of context

Since the statements that would have been shown were not incriminatory but served only to show the defendant lied the entire tapes do not have to be shown.




Raiikun -> RE: The REAL discrimination in the Zimmerman case. (7/17/2013 4:26:21 PM)

Florida Statute 90.108

 Introduction of related writings or recorded statements.—
(1) When a writing or recorded statement or part thereof is introduced by a party, an adverse party may require him or her at that time to introduce any other part or any other writing or recorded statement that in fairness ought to be considered contemporaneously. An adverse party is not bound by evidence introduced under this section.




Raiikun -> RE: The REAL discrimination in the Zimmerman case. (7/17/2013 4:29:17 PM)

Fixed post above making this one redundant.




DomKen -> RE: The REAL discrimination in the Zimmerman case. (7/17/2013 4:57:05 PM)


quote:

ORIGINAL: Raiikun

Florida Statute 90.108

 Introduction of related writings or recorded statements.—
(1) When a writing or recorded statement or part thereof is introduced by a party, an adverse party may require him or her at that time to introduce any other part or any other writing or recorded statement that in fairness ought to be considered contemporaneously. An adverse party is not bound by evidence introduced under this section.

And what part of Zimmerman's unproveable claims should be considered when establishing that Zimmerman lied? You'd need some part of those tapes that could be established to be a proven fact and there weren't any of those.

The prosecution could have shown just the segments where he lied and the defense would have had no recourse unless they put Zimmerman on the stand or if the prosecution had an investigator testify to the wild ass shit he claimed.




BamaD -> RE: The REAL discrimination in the Zimmerman case. (7/17/2013 5:06:13 PM)


quote:

ORIGINAL: DomKen


quote:

ORIGINAL: cloudboy

And in FLA, you don't have to prove self defense, the state has to prove that it wasn't self defense. So, not only is the witness dead, but the killer can also hide behind the 5th Amendment and make assertions of self defense before the trial that can't be actively cross examined.

The prosecution made a serious blunder playing all of the police interview with Zimmerman. they should have just shown the excerpts that could be proven to be lies. The defense could not enter those tapes as evidence which would have functionally forced Zimmerman to testify and that would have probably been the end of the case as Zimmerman's many lies and use of psychoactive drugs would have come in during cross examination.

So the prosecution should have edited the recordings to make it look like different than it was, as long as they got Zimmerman. Would you be so positive about the defense doctoring evidence?




Powergamz1 -> RE: The REAL discrimination in the Zimmerman case. (7/17/2013 5:08:26 PM)

And in the USA et al., you don't...


There, fixed it for you.



quote:

ORIGINAL: cloudboy

And in FLA, you don't have to prove self defense, the state has to prove that it wasn't self defense. So, not only is the witness dead, but the killer can also hide behind the 5th Amendment and make assertions of self defense before the trial that can't be actively cross examined.





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