Oh your poor festivities....
Sorry mate. I didn't mean to make light of the situation.
Oh your poor festivities....
IANAL, but it seems to me that whatever the corruption and/or incompetence of the PD here, the law is not helping things, and it almost certainly doesn't jibe at all with the everyday, laymen's understanding of how things work when self-defense is claimed.776.032 Immunity from criminal prosecution and civil action for justifiable use of force.—
(1) A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer, as defined in s. 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, the term “criminal prosecution” includes arresting, detaining in custody, and charging or prosecuting the defendant.
(2) A law enforcement agency may use standard procedures for investigating the use of force as described in subsection (1), but the agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful.
(3) The court shall award reasonable attorney’s fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (1).
Has the Florida self-defense law itself been discussed much yet? Here's the whole chapter on "Justifiable Use of Force".
Of particular interest here is this part:
IANAL, but it seems to me that whatever the corruption and/or incompetence of the PD here, the law is not helping things, and it almost certainly doesn't gibe at all with the everyday, laymen's understanding of how things work when self-defense is claimed.
When the person who was shot was unarmed and screaming for help, dont see how it can be claimed to be justifiable force.
Zimmerman called police 46 times since Jan. 1, 2011 to report disturbances, break-ins, windows left open and other incidents. Nine of those times, he saw someone or something suspicious.
We are taking a beating over this, said Lee, who defends the investigation. This is all very unsettling. Im sure if George Zimmerman had the opportunity to relive Sunday, Feb. 26, hed probably do things differently. Im sure Trayvon would, too.
We are taking a beating over this, said Lee, who defends the investigation. This is all very unsettling. Im sure if George Zimmerman had the opportunity to relive Sunday, Feb. 26, hed probably do things differently. Im sure Trayvon would, too.
http://www.miamiherald.com/2012/03/...-trayvon-martin-a-habitual.html#storylink=cpy
Wait, what would the kid like to do differently?
Walking while black, obviously.Wait, what would the kid like to do differently?
You live, you learn......well not for everyone involved. Pretty fluff piece from the Herald.
http://www.miamiherald.com/2012/03/...-trayvon-martin-a-habitual.html#storylink=cpy
Wait, what would the kid like to do differently?
not defend himself.
Do we even know if that would have saved him at this point?
You live, you learn......well not for everyone involved. Pretty fluff piece from the Herald.
http://www.miamiherald.com/2012/03/...-trayvon-martin-a-habitual.html#storylink=cpy
The only thing that would have saved him is not being black in that neighborhood.
Criminal defense attorney here practicing in Florida. This article is upsetting. I apologize for sounding smug but I have been following this story very carefully and it is disappointing when legal analysis is done by a non-attorney (at least I hope the author is not an attorney), especially when they are not familiar with all the laws or case law precedent in the jurisdiction since it almost always leads to the reader being misled, misinformed, or not knowing entirely everything they should know. I have been analyzing this case from its inception and have put myself in the shoes of the prosecution as to the best strategy to put Zimmerman behind bars if it gets to that point, which I hope it does.
If Zimmerman is ever charged, and a plea deal is not reached and Zimmerman proceeds to trial, he will obviously rely on self-defense. The article does a decent job of discussing this and the reasonableness standard. However, what is not discussed is that any decent Florida prosecutor will file a pre-trial motion, motion in limine, to prevent the defense from asserting self-defense during the trial. If this motion is won by the prosecution, then it will be game over for Zimmerman since his attorney will not be able to bring up self-defense to the jury throughout the entire trial and he will have zero defense.
The prosecution will site to Florida Statute § 776.041 (2012), which states that the initial aggressor is precluded from asserting self-defense where he is the individual who provoked the use of force contemporaneously to the actions of the victim to which the defendant claims self-defense. (See also Martinez v. State, 981 So. 2d 449 (Fla. 2008); Marshall v. State, 604 So. 2d 799, 803 (Fla. 1992)).
Essentially, the prosecution must convince the judge in the pre-trial motion, through testimony and evidence, that Zimmerman created the need to use self-defense, therefore, he cannot assert self-defense pursuant to Fla. Stat. § 776.041 (2012). The prosecution will point to the obvious evidence such as Trayvon was not doing anything wrong, he had only a bag of skittles and a drink on him, the 911 dispatcher told Zimmerman twice not to engage Trayvon, etc. Zimmerman created the need for the self-defense. Zimmerman had been watching Trayvon for some time while he was walking, Zimmerman approached him, Zimmerman more than likely placed his hand on him, thus creating a battery. What else would this seventeen year old kid be thinking? He was probably thinking Zimmerman wanted to hurt him or kidnap him. Zimmerman was not entitled to make a citizens arrest of Trayvon since Florida allows for private citizens to make a citizens arrest only if the person arrested has committed a felony in their presence. Phoenix v. State, 455 So. 2d 1024 (Fla. 1984). Obviously, that is not applicable here. If for some reason the judge denies this motion, then this argument can still be argued to the jury.
I have practiced out of Tallahassee, Orlando, and Tampa. This happens much too often. I am just glad this case is getting the publicity it needs to assist in ending this behavior. The behavior I am referring to is both the behavior of Zimmerman and the behavior of law enforcement.
Do we even know if that would have saved him at this point?
I fee like we should all just drive down to Florida and kill the guy who shot this kid. Wouldn't be any different from what he did and we would all get away with it.
How long until Kharvey pops in and argues against this?
This story reminds me when me and my brother (yea we're blackies) walked to McDonalds (out of our gated community) and were stopped while returning by the guy working at the gate. Lol, he was like "uh uh, where are you blackies going." My mom ripped his head off. We had to be about 11 and 13.
Get that guy on the case. Wow.
Random weirdo paranoid conspiracy theory question:
Am I the only person who thinks it's a little odd that they deliberately didn't test Zimmerman for intoxication, that he emphasized Trayvon might be "on drugs" (while slurring his speech and sounding intoxicated), that the officer who deliberately coerced and corrected a witness was a narcotics officer?
Get that guy on the case. Wow.
Let's just hope that this injustice picks up steam, the media seems to be catching on. Hopefully it gets major traction this week.
The only thing that would have saved him is not being black in that neighborhood.
Trayvon martins mom and attorney were just on the today show. Thank god this is getting national attention.
How long until Kharvey pops in and argues against this?
well i'm glad there is laws that prevent people from picking fights and then killing the people when they fight back and claim self defense. all the damn evidence shows zimmerman picked the damn fight but why he hasn't been arrested shows how shitty those cops are.
Good news at last.
How long until Kharvey pops in and argues against this?
Well, that is assuming that "any decent Florida prosecutor" includes the prosecutor here.![]()
Holy shit, I just heard the 911 calls. This is straight up murder.
Same here.
I can't even believe there's that much discussion on it in an effort to justify what happened - seems pretty straightforward to me that the kid was literally murdered by this guy without cause.
I wish there was a person in the black community that would go run the media circuit tirelessly and make sure it was addressed like we had in the 80s and 90s - but not a toxic, unlikable figure (you know who those guys are).
Thats what 99.9% of us have been saying the entire time. It really is just plain common sense, as far as the facts and the chain of events. Minus the legalize. Its hope at least.
holy shit. NPR is cool, but media attention doesn't really get bigger than the Today Show.Here is the appearance on the Today Show by the parents:
http://www.msnbc.msn.com/id/21134540/vp/46781176#46781176
and the NPR story with the reporting from this morning:
http://www.npr.org/blogs/thetwo-way...yvon-martin-becomes-national-story-about-race