Zimmerman's actions and the law

Discussion in 'Law & Justice' started by Shiva_TD, Mar 25, 2012.

  1. Shiva_TD

    Shiva_TD Progressive Libertarian Past Donor

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    Admittedly I only have the information I obtain from the news related to the shooting death of Trayvon Martin by Florida community watch captain George Zimmerman. Of course from a legal standpoint this is all still heresay as no one is under oath but I believe there are some underlying facts that we can assume based upon what I've heard.

    George Zimmerman did call 911 to report a suspicious individual and was advised to stay in his vehicle. This is not a "command" by law enforcement but instead is advice by the 911 operator.

    George Zimmerman disregarded the 911 operators advice to stay in his vehicle and wait for law enforcement and pursued Trayvon Martin. It has been reported that Martin was on his cell phone with his girlfriend and expressed that he felt threatened by an unknown person pursuing him. This is, at this point, heresay but we can understand that if a person begins to pursue any of us that we would consider it to be a threatening action.

    Under the law if one person presents a threat to another person it is "assault" even though no physical confrontation takes place. "Assault" under the law is just the threat and not anything else. We often hear the charge of "Assault and Battery" and the assault is the threat while battery is the actual physical attack.

    A person is within their legal rights to physically defend themselves against an "Assault" by another individual.

    George Zimmerman, based upon all I've read, was committing the criminal act of assault and because he was in possession of a firearm Trevyon Martin could rightfully be considered as defending himself against possibly being murdered by Zimmerman when he turned to confront Zimmerman. A person cannot claim self-defense if they're the one that initiated the assault on the other individual which is what Zimmerman and the local police seem to be saying.

    Based upon what I've read this is going to be a matter for a Grand Jury to decide as to whether Zimmerman should be charged and I don't see anyway that they can come to any other conclusion than Zimmerman initiated an assault against Martin and that Martin was the one acting in self-defense. I don't see how any other conclusion can be reached based upon the law.

    I'm anticipating a Grand Jury indictment for Assault and Murder aganist Zimmerman as Zimmerman cannot be acting in self-defense when he initiated an armed assault against Martin based upon everything I've read.
     
  2. Margot

    Margot Account closed, not banned

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    I Sure Hope He's Indicted..............
     
  3. Shiva_TD

    Shiva_TD Progressive Libertarian Past Donor

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    I don't see any other possible outcome once the facts are presented to the Grand Jury. If all I've read is even remotely true if I was on a jury I'd vote for conviction on an assault and murder charge.

    There is the question of whether it also qualified as a "hate crime" based upon the 911 tape where Zimmerman seens to have referred to Martin as a "(*)(*)(*)(*)ing coon" (figure out what the (*)(*)(*)(*)ing means) and having heard the tape I believe he did state that but that is only a secondary count and not the primary violation of the law. That count may or may not be supported by a jury because the recording is somewhat distorted.
     
  4. waltky

    waltky Well-Known Member

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    Granny says, "Dat's right - dat man bein' persecuted fer defendin' hisself...

    Judge considers adjusting Zimmerman's bond
    26 Apr.`12 – A judge is considering whether to raise or revoke the bond for George Zimmerman after his lawyer told the judge a website raised $200,000 for the defense.
    See also:

    Florida judge rejects bail hike for Trayvon Martin's killer
    27 Apr.`12 - A Florida judge rejected a prosecution request to raise the bond for George Zimmerman on Friday, after it was disclosed that the man charged with murdering unarmed black teenager Trayvon Martin had received about $200,000 from anonymous donors to fund his defense.
     

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