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Thread: Zimmerman's actions and the law

  1. #1
    usa us arizona
    Location: Recent Immigrant to Arizona
    Posts: 44,741

    Default Zimmerman's actions and the law

    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.
    Why do Republicans oppose things that are clearly CONSTITUTIONAL and support things that are clearly UNCONSTITUTIONAL?

    "Our country is now taking so steady a course as to show by what road it will pass to destruction, to wit: by consolidation of power first, and then corruption, its necessary consequence." Thomas Jefferson

  2. #2
    Location: Southeast USA
    Posts: 62,086
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    I Sure Hope He's Indicted..............

  3. #3
    usa us arizona
    Location: Recent Immigrant to Arizona
    Posts: 44,741


    Quote Originally Posted by Margot View Post
    I Sure Hope He's Indicted..............
    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.
    Why do Republicans oppose things that are clearly CONSTITUTIONAL and support things that are clearly UNCONSTITUTIONAL?

    "Our country is now taking so steady a course as to show by what road it will pass to destruction, to wit: by consolidation of power first, and then corruption, its necessary consequence." Thomas Jefferson

  4. Icon17

    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.
    Mark O'Mara told the judge Friday that Zimmerman's family hadn't told him about the money before his client was given $150,000 bond. Florida Circuit Judge Kenneth Lester says he wants to know more about the money before he decides whether to adjust the bond. The judge will make a decision on the bond at a later date. George Zimmerman was charged with second-degree murder in the Feb. 26 shooting of 17-year-old Trayvon Martin after weeks without an arrest led to protests nationwide over racial profiling and controversial self-defense laws in Florida and other states. Martin was black; Zimmerman's father is white and his mother is from Peru.

    Zimmerman has gone into hiding since his release this week after paying 10% of his bail, though he has to wear a GPS ankle bracelet that authorities can use to track his location. The lawyer for Martin's parents, Benjamin Crump, said Friday he has asked the prosecutor to request that the judge revoke Zimmerman's bail for not disclosing at the original hearing last week how much money he had. "This is a bombshell that was dropped," Crump told The Associated Press. He said the parents, Tracy Martin and Sybrina Fulton, were "offended" that Zimmerman failed to inform the court of the money.

    O'Mara told CNN late Thursday the $200,000 was raised by a website Zimmerman set up for his legal defense. The website has since been shut down, but O'Mara said he'll likely start a new defense fund. O'Mara did not immediately return a phone message from The Associated Press. Friday's hearing was initially scheduled to deal with the request by several media organizations, including The Associated Press, to unseal documents from Zimmerman's court file. Lester said he would not stop Zimmerman's attorneys from talking to the media if they chose. The prosecution had asked for a gag order on those involved in the trial.

    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.
    "I'm not going to make a snap decision," Circuit Court Judge Kenneth Lester Jr. said during a hearing in Sanford, the central Florida town where 17-year-old Martin was shot dead by Zimmerman in February. He spoke after Prosecutor Bernardo de la Rionda said the disclosure by Zimmerman's lawyer on Thursday that donors had contributed "just over $200,000" to his defense meant that the amount of his bond should be reconsidered. Lester said he needed more information about Zimmerman's fund-raising before he could agree to any request for reconsideration of the bond.

    Zimmerman was released this week on $150,000 bail and has been moved to an undisclosed location. He had surrendered to police earlier this month after prosecutors charged him with second-degree murder in the shooting death of Martin. Ben Crump, an attorney for Martin's family, had expressed outrage over the money raised for Zimmerman's defense, saying it was not disclosed before his bond hearing and that the $150,000 bond should now be revoked since defense lawyer Mark O'Mara had previously described Zimmerman as penniless. "The court was led to believe that he (Zimmerman) had no money and was indigent. He either did not tell his lawyer or if he did tell his lawyer he did not discuss it with the judge. What George Zimmerman did was deceive the court," Crump said.

    No formal motion for revoking Zimmerman's bail was filed with Lester before Friday's hearing, however. The prosecution did request an order that would bar lawyers from making public comments about the case. But Lester rejected the call for a gag order out of hand, saying attorneys on both sides of the case had done a good job dealing with the media spotlight surrounding it.

    Nothing that prosecutors or O'Mara have said publicly about the case had "startled the court or shocked the court" so far, Lester said. Zimmerman has pleaded not guilty and says he killed Martin in self defense. But the Martin shooting triggered civil rights protests, and a national debate over guns, self-defense laws, and race relations in America, because police initially failed to arrest Zimmerman or charge his with any crime.


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