#598761 - 07/17/1301:21 PMRe: Interesting perspective on the TM case NSFW
[Re: Celandine]
lanovami This space for rent
Registered: 05/02/05
Posts: 7255
Loc: 東京都
Black on black he says - he is an example of it - it is only politically correct to use racial epithets and stereotypes if you are a member of that group. Why?
_________________________ We are what we repeatedly do - Aristotle
#598782 - 07/17/1303:41 PMRe: Interesting perspective on the TM case NSFW
[Re: John Rougeux]
MacBozo Nut Dood
Registered: 04/20/02
Posts: 17617
Loc: Pinellas Park, Florida
Keep in mind that Martin Luther King, Jr was a preacher first.
Other than that, this case was not about race (color). It was about Florida's stand your ground law which should not have been applied to this case since Mr. Zimmerman left his vehicle against instructions and confronted Mr. Martin. Only Mr. Zimmerman knows what he did to create a situation that caused Mr. Martin to fight with him. Did he try to make a citizen's arrest? No one knows except Mr. Zimmerman and he certainly won't tell. When Mr. Zimmerman chose to leave his vehicle and confront Mr. Martin, the stand your ground law should have been declared null and void in this case. In fact, it should have been Mr. Martin's defense.
#598792 - 07/17/1305:31 PMRe: Interesting perspective on the TM case NSFW
[Re: NucleusG4]
MacBozo Nut Dood
Registered: 04/20/02
Posts: 17617
Loc: Pinellas Park, Florida
That is the core of the stand your ground law. The prosecution did not challenge the law which they should have, but since it is the State's law, it wouldn't be prudent for the state's prosecution to challenge it, right?
#598794 - 07/17/1305:58 PMRe: Interesting perspective on the TM case NSFW
[Re: MacBozo]
garyW
mid-century modern
Registered: 04/19/02
Posts: 7587
link ...analysis of 4,650 FBI records of homicides in which a person killed a stranger with a handgun. They conclude that stand your ground “tilts the odds in favor of the shooter.” In SYG states, 13.6% of homicides were ruled justifiable; in non-SYG states, only 7.2% were deemed such. This is strong evidence that rulings of justifiable homicide are more likely under stand your ground.
That is the core of the stand your ground law. The prosecution did not challenge the law which they should have, but since it is the State's law, it wouldn't be prudent for the state's prosecution to challenge it, right?
My understanding is the prosecution doesn't have a right to challenge SYG, unless the defense relies upon it. Before the main hearing GZ had the option to put up the SYG defense, which the judge would hear arguments and make a ruling. If SYG was supported, that would be the end of it, and if it was declined then an ordinary trial would then ensue. GZ elected not to plead SYG, so we jumped right into the ordinary trial - thus SYG was not a factor for the defense and the prosecution had nothing to attack.
_________________________ I used to think it was terrible that life was unfair. Then I thought what if life were fair and all of the terrible things that happen came because we really deserved them? Now I take comfort in the general unfairness and hostility of the universe.
#598798 - 07/17/1306:32 PMRe: Interesting perspective on the TM case NSFW
[Re: Llewelyn]
garyW
mid-century modern
Registered: 04/19/02
Posts: 7587
The jury instructions contained the law’s key provision and instructed jurors that self-defense meant Zimmerman was entitled to “stand his ground” with “no duty to retreat.”
ANDERSON COOPER: Because of the two options you had, second degree murder or manslaughter, you felt neither applied?
JUROR B37: Right. Because of the heat of the moment and the Stand Your Ground. He had a right to defend himself. If he felt threatened that his life was going to be taken away from him or he was going to have bodily harm, he had a right.
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