deadrat <
a...@b.com> wrote in
news:oeydnY--Wsk_FCbM...@giganews.com:
> On 6/14/13 4:05 PM, RD Sandman wrote:
>> deadrat <
a...@b.com> wrote in
>>
news:cIWdnbZ6H-q04ibM...@giganews.com:
>>
>>> On 6/14/13 1:52 PM, RD Sandman wrote:
>>>> richard <
nor...@example.com> wrote in
>>>> news:11dpwazvhxk7q.6030kvzxbkbd$.
d...@40tude.net:
>>>>
>>>>> On Fri, 14 Jun 2013 05:40:07 -0700 (PDT), Ramon F. Cabanaboy
>>>>> wrote:
>>>>>
>>>>>> The Trayvon Martin Trial; Law-Abiding Latino Forced To Shoot
>>>>>> Violent, Criminal Black Savage In Self-Defense; America Takes
>>>>>> Sides; Latinos Versus Negroes
>>>>>> Which side are you on?
>>>>>>
http://www.independent.co.uk/news/world/americas/trayvon-martin-am
>>>>>> er ic a-takes-sides-8651354.html -----
>>>>>> (snicker)
>>>>>>
>>>>>> On Jun 14, 3:36 am, "Ramon F. Herrera" <
ra...@conexus.net> wrote:
>>>>>>> It is that time of the year, to parade my massive and growing
>>>>>>> collection.
>>>>>>>
>>>>>>> -Ramon
>>>>>>>
>>>>>>> -----------------------------------------------------------------
>>>>>>> -- -- ------ュ-
>>>>>
>>>>> IF the man acted in true self defense, then yes he should be set
>>>>> free. Makes no differnce what the skin color is or heritage is.
>>>>>
>>>>> The thing about this case is, Zimmerman had no legal cause to act
>>>>> as a police officer and even question Martin about anything.
>>>>> Let alone "hold" Martin for the cops.
>>>>> Regardless of Martin's past history, which is inadmissable
>>>>> evidence, it is Zimmerman's actions that are on trial, not
>>>>> Martin's.
>>>>
>>>> Except for that final confrontation. Who is determined to have
>>>> started the physical portion will go a long way.
>>>
>>> Probably in most states. Possibly in Florida, but SYG allows you to
>>> use deadly force if you're reasonably in fear for your life or
>>> safety.
>>
>> Stand you ground in Florida consists of eight words in the self
>> defense statute 776.012. That statute reads:
>>
>> "776.012 Use of force in defense of person.輸 person is justified in
>> using force, except deadly force, against another when and to the
>> extent that the person reasonably believes that such conduct is
>> necessary to defend himself or herself or another against the other's
>> imminent use of unlawful force. However, a person is justified in the
>> use of deadly force and does not have a duty to retreat if:
>>
>> (1) He or she reasonably believes that such force is necessary to
>> prevent imminent death or great bodily harm to himself or herself or
>> another or to prevent the imminent commission of a forcible felony;
>> or
>>
>> (2) Under those circumstances permitted pursuant to s. 776.013.
>>
>> See that part about being justified......if ..he or she reasonable
>> believes that such force is necessary to prevent imminent death or
>> great bodily harm to himself or herself or another or to prevent the
>> imminent commission of a forcible felony, or (then it goes on to
>> cover 776.013 which is Castle Doctrine and not an issue in this
>> case).
>
>> Just what about that do you feel is much different than what I said?
>
> In some states, you have the affirmative duty to try to get the fuck
> out of harm's way if you feel threatened in public.
That's true. Massachussetts was one of them.
If that's
> possible, you don't get to use justification as an affirmative
> defense. As your quote of the statute shows, that doesn't obtain in
> Florida.
It goes via the reasonable person. If a "reasonable person" doesn't feel
you have justification for deadly physical, you essentially do not have
it in a court room.
In some states (e.g., Ohio), your use of force must be
> proportional to the actual threat. As your quote shows, that doesn't
> obtain in Florida either. In some states, you can't be the aggressor
> (i.e., the guy who throws the first punch) and claim justification.
> As your quote shows, that doesn't obtain in Florida either.
The point is that Zimmerman does have some burden to prove that he was in
fear of his life or possible serious injury. It is not to the point of
being beyond shadow of doubt, that onus belongs to Core, but there has to
be some feeling from Zimmerman that he was in danger. Without that, then
the law in Florida (where I lived for almost twenty years) and in Arizona
where I have lived most of my adult life would be that you could simply
pick a fight and then kill the other party if they escalated it. One
reason why in many states to get a self defense claim you have to be
involved in a lawful activity. You cannot rob a bank and then kill a
police officer for shooting at you on your way out.
> I'm not saying a jury won't convict Zimmerman, but the law gives him a
> powerful shield: his action is legally justifiable on the basis of
> reasonable fear. And he killed the only rebuttal witness.
Yes, it does. I still haven't made up my mind on that case yet. Too
much crap on the internet and little of it under any rule of testimony.
I can wait a few more days to make up my mind on the evidence.
>>> If so, you may be the first to use physical force.
>>
>> Yes, but there is that pesky "reasonable person" syndrome. That
>> probably wouldn't come in to play without aggressive action on
>> Martin's part.
>
> And if we had a videotape of the incident, things would be different.
> But if Zimmerman testifies, he's gonna say he was reasonably afraid --
> he was attacked from behind with no legal provocation, he was being
> injured, his attacker went for his gun, which he was in legal
> possession of. Who can gainsay his account? He killed the only
> rebuttal witness.
There were a couple of eyewitnesses to the ending of the encounter.
None, unfortunately, on the beginning.
>>>> What will be interesting is how
>>>> that will be deduced by the jury.
>>>
>>> They don't have to. If they find reasonable doubt that Zimmerman
>>> wasn't in fear for his life, they acquit without the deduction.
>>
>> In Florida the burden of proof is on the prosecution. Angela Corey
>> will have to prove to the jury that Zimmerman's claim of self defense
>> has no merit. The burden is on her, not Zimmerman. However, if she
>> can manipulate testimony right, she can, essentially, place that
>> burden on Zimmerman in the minds of the jury.
>
> Well, yeah. I'm just talking about the law. Trials are a different
> matter.
As was I, if you read over what I wrote. Sorry if it was poor wording.
;)
>>>>> The question has always been, do you have the legal right to shoot
>>>>> and kill someone who hit you with their fists and that person was
>>>>> not armed? The answer is no, you do not.
>>>>
>>>> Problems with that. A person can most certainly kill you with
>>>> their bare hands and Zimmerman had no way of knowing whether or not
>>>> Martin was armed. He could make a supposition that he was not but
>>>> he didn't know for sure, AFAIK. The bottom line will most likely
>>>> come down to who the jury believes started the physical portion of
>>>> the encounter.
>>>
>>> Again, the important issue is not who started the fight, but who was
>>> in fear for his life.
>>
>> Which generally is not the person who started the fight. You cannot
>> start a fight and then claim self defense when you are getting your
>> ass kicked.
>
> In Florida, you can. That's the point of SYG. If you're reasonably
> in fear for your life, you don't have to wait to get punched.
Excuse me, but there has to be some sort of stimulus for you to make that
claim. You can't really walk up to someone, shoot him and then claim,
well, if he had turned around he could have hurt me.
You get
> to go first. Of course, if you've brought a gun to a fistfight, you
> won't do any punching.
If you are smart you don't do any shooting either until circumstannces
show it may be necessary.
>>>> The legal right for self defense including the use of deadly
>>>> physical force comes down to whether or not a "reasonable person"
>>>> would belive that there was an immediate fear of loss of life or
>>>> serious bodily harm to oneself or an innocent third party. For
>>>> "reasonable person" read that as the police, a prosecutor, a judge,
>>>> or the jury.
>>
>>
>>
>
>