I'm not quite sure that I follow that. Assuming that a prosecutor
decides he wants to prosecute and gets a grand jury to indict and a
judge doesn't dismiss, doesn't Zimmerman still have to convince a jury
that his belief he would be attacked a reasonable one?
Or is your point that the balance in the FL law has gone the other way
and made it much more likely that police won't arrest, prosecutors
won't prosecute and judges will dismiss?
>
> >>> Urp. Is that for real?
>
> >> Ah, I probably slanted it because I don't like the law.
>
> > Can you be more specific? I mean why do you think FL's law is bad, and
> > what would be a good law?
>
> I think the law essentially means that any quarrel in which both
> participants equally participate could end with one of the parties
> shooting the other and successfully claiming self defence.
I think that can still happen under current self defense laws in many
(most?) states, because the retreat usually has to made in safety. So
here the difference is that you don't have any obligation to retreat
at all and that throws things too far in one direction?
It seems to me that both the stand your ground and retreat laws have
serious flaws.
> >> I'm biased.
> >> The case could have gone differently if they'd been able to introduce
> >> testimony confirming that the men were in fact gang members.
>
> >>
http://www.scam.com/showthread.php?t=128694
>
> > Ah, ok, thanks for the link. I think what you wrote isn't so far
> > fetched. I can see your point about being able to introduce testimony
> > that the men were gang members, but I think Brown's defense attorney
> > makes a good point saying "...our system of justice is supposed to
> > protect people’s rights as individuals.”
>
> > But from what little reading I've done, it appears to me that in order
> > to use the self-defense defense, you have to be acting lawfully.
>
> Yep. So for example in a road rage quarrel you are acting lawfully and
> therefore can shoot the other guy.
Assuming you are acting in self defense. Are you suggesting that a
person might reasonably think that they were going to be killed and
therefore shoot the other driver? Perhaps. But if both persons are
driving, ie in motion, then I don't think it's truly standing one's
ground. I'm in a hair-splitting mood. What if both people are on a
Merry Go Round? In an elevator?
> > I can also see why the police didn't arrest Zimmerman. From
> >
http://en.wikipedia.org/wiki/Stand-your-ground_lawit looks like the
> > law in FL, 776.032 "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." I mention this, because I watched
> > a talking head on Fox, one who I think of as being comparatively
> > liberal, complain that Zimmerman had not been arrested. Although he
> > didn't say what Zimmerman should be charged with. Maybe it's obvious?
>
> Zimmerman got out of his truck against the advice of the 911 guy. He
> created the confrontation, and then shot an unarmed kid who was not in
> fact doing anything illegal except being a black kid in a hoodie in a
> gated community.
Almost sounds like an opening argument. Particularly the part about
the kid "not in fact doing anything illegal". Although, isn't that a
question of fact for the jury? Because certainly if he was going to
attack Zimmerman, that would have been something that would be
illegal, so you imply it's *reasonable* to conclude that he wasn't
going to attack Zimmerman.
I'm not sure Zimmerman starting the confrontation is relevant to the
question.
I listened to the 911 call and I think it's more reasonable to
conclude, although I haven't absolutely concluded this, that Zimmerman
had formed an intent.
A smart prosecutor will probably try to find a way to make sure he
takes the stand. I don't know if that's a requirement for an
affirmative defense. If Zimmerman does take the stand I have a feeling
the cross won't go well for him.
I haven't changed my mind, I still think Zimmerman is going to go to
prison.
Although... maybe he won't go to prison, this article
http://nymag.com/daily/intel/2012/03/george-zimmermans-lawyer-says-his-client-is-not-a-racist.html?mid=rss
suggests that he now has a bounty on his head. The link in the
article where they presumably got the info is no longer active.
I thought this was interesting,
http://www.csmonitor.com/USA/2012/0324/Who-is-George-Zimmerman-and-why-did-he-shoot-Trayvon-Martin
The NYDN has a story about the $10K bounty,
http://www.nydailynews.com/news/national/black-panther-rage-10g-capture-trayvon-killer-article-1.1050370?localLinksEnabled=false
The whole discussion over stand your ground may be irrelevant
http://www.npr.org/blogs/thetwo-way/2012/03/24/149310730/family-lawyer-sees-state-charges-against-trayvon-martins-killer
"...Zimmerman attorney Craig Sonner told CNN he wouldn't use the Stand
Your Ground defense should his client be charged. Sonner said he
instead would use self-defense."
and
"[Daryl] Parks [representing Trayvon's parents] said his clients met
Friday with State Attorney Angela Corey, who was appointed by Florida
Gov. Rick Scott as a special prosecutor to head the state
investigation. Parks said he was more optimistic following the meeting
that charges would be forthcoming."