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RE: The REAL discrimination in the Zimmerman case. - 7/17/2013 5:10:08 PM   
Powergamz1


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Evidence tampering. Nice.
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.



_____________________________

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" About damn time...wooot!!' Me

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Profile   Post #: 41
RE: The REAL discrimination in the Zimmerman case. - 7/17/2013 5:13:30 PM   
Raiikun


Posts: 2650
Status: offline

quote:

ORIGINAL: DomKen


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.


Except the statute clearly says by playing part of a tape, the adverse party can insist the rest be played. Hence, why the whole statements were played.

And the investigators were largely out, because they both testified that inconsistencies like Zimmerman's were normal, especially after trauma, and didn't strike them as reason for concern.

(in reply to DomKen)
Profile   Post #: 42
RE: The REAL discrimination in the Zimmerman case. - 7/17/2013 5:40:25 PM   
vincentML


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FR re: the cost

Just heard this on CNN . . . a major portion of the cost for this trial went to the sequestration of the Jury . . . putting them up in a hotel, paying overtime for their minders, paying for their meals, and taking them on outings . . one to St Augustine for example.

So, that makes sense $$$$$$$$$$$$


(in reply to Powergamz1)
Profile   Post #: 43
RE: The REAL discrimination in the Zimmerman case. - 7/17/2013 5:45:48 PM   
Real0ne


Posts: 21189
Joined: 10/25/2004
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quote:

ORIGINAL: vincentML

FR re: the cost

Just heard this on CNN . . . a major portion of the cost for this trial went to the sequestration of the Jury . . . putting them up in a hotel, paying overtime for their minders, paying for their meals, and taking them on outings . . one to St Augustine for example.

So, that makes sense $$$$$$$$$$$$





thats why a citizen or any member claimed to be of equivalent standing should have free court services when being charged by government for ANYTHING!

we would save billions in frivolous charges.


_____________________________

"We the Borg" of the us imperialists....resistance is futile

Democracy; The 'People' voted on 'which' amendment?

Yesterdays tinfoil is today's reality!

"No man's life, liberty, or property is safe while the legislature is in session

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Profile   Post #: 44
RE: The REAL discrimination in the Zimmerman case. - 7/17/2013 5:47:23 PM   
Real0ne


Posts: 21189
Joined: 10/25/2004
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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?




so whats the solution resurrect them?

Hell the plaintiff has an advantage in court over the defendant and the state over you.

its an unfair world BY DESIGN pal.

_____________________________

"We the Borg" of the us imperialists....resistance is futile

Democracy; The 'People' voted on 'which' amendment?

Yesterdays tinfoil is today's reality!

"No man's life, liberty, or property is safe while the legislature is in session

(in reply to DarkSteven)
Profile   Post #: 45
RE: The REAL discrimination in the Zimmerman case. - 7/17/2013 5:49:15 PM   
Kana


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Joined: 10/24/2006
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quote:

ORIGINAL: vincentML

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/

This.


_____________________________

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HST

(in reply to vincentML)
Profile   Post #: 46
RE: The REAL discrimination in the Zimmerman case. - 7/17/2013 5:54:37 PM   
searching4mysir


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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?



Not as true as it used to be thanks to forensics. The deceased can provide quite a bit of evidence.

_____________________________

No longer searching -- found my one and only right here on CM


(in reply to DarkSteven)
Profile   Post #: 47
RE: The REAL discrimination in the Zimmerman case. - 7/17/2013 5:55:19 PM   
tazzygirl


Posts: 37833
Joined: 10/12/2007
Status: offline

quote:

ORIGINAL: vincentML

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/


The majority of those convictions would never hold up today.

_____________________________

Telling me to take Midol wont help your butthurt.
RIP, my demon-child 5-16-11
Duchess of Dissent 1
Dont judge me because I sin differently than you.
If you want it sugar coated, dont ask me what i think! It would violate TOS.

(in reply to vincentML)
Profile   Post #: 48
RE: The REAL discrimination in the Zimmerman case. - 7/17/2013 6:21:22 PM   
vincentML


Posts: 9980
Joined: 10/31/2009
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quote:

ORIGINAL: tazzygirl


quote:

ORIGINAL: vincentML

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/


The majority of those convictions would never hold up today.

Probably they would not even be arrested. The point is however that the Justice System is host to a variety of human beings . . on the one hand judges, prosecutors, and police who have their own career agenda or may just be plain venal. On the other hand defense lawyers in private practice or public defenders who are overworked, under-compensated, incompetant, lazy, or don't give a shit. In the midst of this circus of fallible law practitioners stands the defendent whose liberty is at stake. So, let's not talk about taking away the so called advantages of the accused. Please!

(in reply to tazzygirl)
Profile   Post #: 49
RE: The REAL discrimination in the Zimmerman case. - 7/17/2013 6:22:52 PM   
DomKen


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

quote:

ORIGINAL: BamaD


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?

Where did I say anything like that?

Zimmerman is on various video tapes telling lies. Those were proven during the trial. How would simply not showing his unproveable assertions be doctoring evidence?

(in reply to BamaD)
Profile   Post #: 50
RE: The REAL discrimination in the Zimmerman case. - 7/17/2013 6:24:30 PM   
DomKen


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

quote:

ORIGINAL: Raiikun


quote:

ORIGINAL: DomKen


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.


Except the statute clearly says by playing part of a tape, the adverse party can insist the rest be played. Hence, why the whole statements were played.

And the investigators were largely out, because they both testified that inconsistencies like Zimmerman's were normal, especially after trauma, and didn't strike them as reason for concern.

Read the statute. It doesn't say what you think it does.

(in reply to Raiikun)
Profile   Post #: 51
RE: The REAL discrimination in the Zimmerman case. - 7/17/2013 6:34:17 PM   
BamaD


Posts: 20687
Joined: 2/27/2005
Status: offline

quote:

ORIGINAL: DomKen


quote:

ORIGINAL: BamaD


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?

Where did I say anything like that?

Zimmerman is on various video tapes telling lies. Those were proven during the trial. How would simply not showing his unproveable assertions be doctoring evidence?

By editing them to help your case and in case it hasn't occurred to you that is doctoring by changing context, much like NBC did.


_____________________________

Government ranges from a necessary evil to an intolerable one. Thomas Paine

People don't believe they can defend themselves because they have guns, they have guns because they believe they can defend themselves.

(in reply to DomKen)
Profile   Post #: 52
RE: The REAL discrimination in the Zimmerman case. - 7/17/2013 8:14:16 PM   
tazzygirl


Posts: 37833
Joined: 10/12/2007
Status: offline
quote:

Probably they would not even be arrested. The point is however that the Justice System is host to a variety of human beings . . on the one hand judges, prosecutors, and police who have their own career agenda or may just be plain venal. On the other hand defense lawyers in private practice or public defenders who are overworked, under-compensated, incompetant, lazy, or don't give a shit. In the midst of this circus of fallible law practitioners stands the defendent whose liberty is at stake. So, let's not talk about taking away the so called advantages of the accused. Please!


What advantages did I say we were taking away?

_____________________________

Telling me to take Midol wont help your butthurt.
RIP, my demon-child 5-16-11
Duchess of Dissent 1
Dont judge me because I sin differently than you.
If you want it sugar coated, dont ask me what i think! It would violate TOS.

(in reply to vincentML)
Profile   Post #: 53
RE: The REAL discrimination in the Zimmerman case. - 7/17/2013 8:14:57 PM   
DomKen


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

quote:

ORIGINAL: BamaD


quote:

ORIGINAL: DomKen


quote:

ORIGINAL: BamaD


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?

Where did I say anything like that?

Zimmerman is on various video tapes telling lies. Those were proven during the trial. How would simply not showing his unproveable assertions be doctoring evidence?

By editing them to help your case and in case it hasn't occurred to you that is doctoring by changing context, much like NBC did.


Nope. Showing the statements that are provably false changes no context.

(in reply to BamaD)
Profile   Post #: 54
RE: The REAL discrimination in the Zimmerman case. - 7/17/2013 8:16:34 PM   
vincentML


Posts: 9980
Joined: 10/31/2009
Status: offline

quote:

ORIGINAL: tazzygirl

quote:

Probably they would not even be arrested. The point is however that the Justice System is host to a variety of human beings . . on the one hand judges, prosecutors, and police who have their own career agenda or may just be plain venal. On the other hand defense lawyers in private practice or public defenders who are overworked, under-compensated, incompetant, lazy, or don't give a shit. In the midst of this circus of fallible law practitioners stands the defendent whose liberty is at stake. So, let's not talk about taking away the so called advantages of the accused. Please!


What advantages did I say we were taking away?

You didn't. I was addressing the concern expressed in the OP. Sorry I was not more explicit.

(in reply to tazzygirl)
Profile   Post #: 55
RE: The REAL discrimination in the Zimmerman case. - 7/17/2013 8:44:23 PM   
Powergamz1


Posts: 1927
Joined: 9/3/2011
Status: offline
quote:

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.


Yep.

_____________________________

"DOMA is unconstitutional as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment" Anthony McLeod Kennedy

" About damn time...wooot!!' Me

(in reply to Powergamz1)
Profile   Post #: 56
RE: The REAL discrimination in the Zimmerman case. - 7/17/2013 8:54:12 PM   
BamaD


Posts: 20687
Joined: 2/27/2005
Status: offline
quote:

ORIGINAL: DomKen


quote:

ORIGINAL: BamaD


quote:

ORIGINAL: DomKen


quote:

ORIGINAL: BamaD


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?

Where did I say anything like that?

Zimmerman is on various video tapes telling lies. Those were proven during the trial. How would simply not showing his unproveable assertions be doctoring evidence?

By editing them to help your case and in case it hasn't occurred to you that is doctoring by changing context, much like NBC did.


Nope. Showing the statements that are provably false changes no context.

Given enough tape you can edit it to "prove MLK was proslavery.
And if edited bits would "prove" he lied then the complete tape would.

< Message edited by BamaD -- 7/17/2013 8:57:15 PM >


_____________________________

Government ranges from a necessary evil to an intolerable one. Thomas Paine

People don't believe they can defend themselves because they have guns, they have guns because they believe they can defend themselves.

(in reply to DomKen)
Profile   Post #: 57
RE: The REAL discrimination in the Zimmerman case. - 7/17/2013 9:14:13 PM   
DomKen


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

ORIGINAL: BamaD
Given enough tape you can edit it to "prove MLK was proslavery.
And if edited bits would "prove" he lied then the complete tape would.

No editing. Simply play specific statements by Zimmerman in their entirety. for instance when he told Hannity he didn't know anything about Florida SYG and self defense law. Then the teacher says he got an A on that part of my course and here's my records proving it. Absolutely no need to show the entire Hannity interview.

(in reply to BamaD)
Profile   Post #: 58
RE: The REAL discrimination in the Zimmerman case. - 7/17/2013 9:51:31 PM   
Real0ne


Posts: 21189
Joined: 10/25/2004
Status: offline
yeh well trauma does that

_____________________________

"We the Borg" of the us imperialists....resistance is futile

Democracy; The 'People' voted on 'which' amendment?

Yesterdays tinfoil is today's reality!

"No man's life, liberty, or property is safe while the legislature is in session

(in reply to DomKen)
Profile   Post #: 59
RE: The REAL discrimination in the Zimmerman case. - 7/17/2013 9:59:34 PM   
BamaD


Posts: 20687
Joined: 2/27/2005
Status: offline

quote:

ORIGINAL: DomKen

quote:

ORIGINAL: BamaD
Given enough tape you can edit it to "prove MLK was proslavery.
And if edited bits would "prove" he lied then the complete tape would.

No editing. Simply play specific statements by Zimmerman in their entirety. for instance when he told Hannity he didn't know anything about Florida SYG and self defense law. Then the teacher says he got an A on that part of my course and here's my records proving it. Absolutely no need to show the entire Hannity interview.

That is picking and choosing which is editing.
NBC 'proved" that Zimmerman said he was following Martin because he was black by doing exactly what you wanted the prosecution to do.

_____________________________

Government ranges from a necessary evil to an intolerable one. Thomas Paine

People don't believe they can defend themselves because they have guns, they have guns because they believe they can defend themselves.

(in reply to DomKen)
Profile   Post #: 60
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