casmith07
Attorney-at-Zone
- Messages
- 31,538
- Reaction score
- 9,312
iceberg;4483118 said:i really hope rockford posts tomorrow.
What for?
iceberg;4483118 said:i really hope rockford posts tomorrow.
casmith07;4483128 said:What for?
iceberg;4483136 said:he's very familiar w/florida law and the area. i respect his input.
Hoofbite;4483088 said:I doubt he gets charged with murder because I can't see definitive way of proving he set out with the intention of killing Trayvon.
If he is charged with manslaughter however, I think it likely means that they aren't buying his story of being attacked.
If they aren't buying that story, then I think something more than manslaughter should be given.
If you are at the point where Zimmerman confronted Trayvon and instigated the altercation, I don't think manslaughter is enough. I don't know what would be above it without being murder but starting a conflict in which you are getting your *** whipped and end up shooting someone should be more than just manslaughter.
casmith07;4483139 said:So am I.
"The unlawful killing of a human being, when perpetrated without any design to effect death . . . is murder in the third degree and constitutes a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084." Title XLVI, Sec. 782.04 Crimes, Homicide (2011).
Romo_To_Dez;4483142 said:The FBI are trying to break down the 911 tapes of who screamed. If they are able to confirm who it is that very well could decide whether they charge him with Manslaughter or Murder.
Will Zimmerman's voice on the 911 calls be enough to confirm who's voice it is or will they need a recording of Trayvon's voice as well.
iceberg;4483144 said:not here to fight.
understand.
cajuncocoa;4482546 said:This story has received little to no attention from the American media:
Couple met and married within a month and stayed together for 65 years... only to be parted after home invader beat wife to death
Manwiththeplan;4483154 said:I'm pretty sure it would if the police decided not to charge him.
I really don't see why people keep bringing up all these other random cases, no one is going to defend the actions of the accused, unlike in this thread, and if you can't see that the reason this story has legs is because Zimmerman wasn't charged, then you truly don't want to understand.
If I looked hard enough I could find white on black crime that the national media doesn't report, white on asian, asian on white, hispanic on black or what ever I want. However it's rare you'll have a dead body of any color and someone standing over them with a smoking gun and not get charged.
casmith07;4483151 said:I disagree. I think it could determine what degree of murder they charge him with, and what sort of sentence they would seek.
Oh I know. I've been doing quite a bit of research in the spare time I've had with regard to this case, most of it centered around trying to dissolve a lot of misconceptions out there about the law (primarily the "stand your ground" stuff that people keep going on and on about).
I don't want to get into another diatribe (I had to school some guy on facebook earlier, lol) but in short, the self-defense claims are pretty suspect, at best, and the "stand your ground" statute does not apply in this case.
[strike]If you would like details with cites and quotes from the statute I'd be happy to provide it, if it'll add anything to the discussion here for everyone.[/strike]
I'm actually working on a "self-defense guide for dummies" so to speak, and I'll likely post it here when I'm done...it'll basically include the laws in question, and then various generic scenarios similar to what is alleged to have happened in Florida. What I plan to do is use the most circulated fact pattern as the baseline, and then provide two on either side of that spectrum, and then follow it up with analysis for any other fact patterns that people wish to provide as questions.
Romo_To_Dez;4483164 said:All Self Defense claims go out the window if that is Trayvon screaming. You can't claim Self Defense when someone is begging for their life.
If that's Trayvon then it will also mean that if Trayvon attacked Zimmerman it was out of fear for his life. Some made the point that "Stand Your Ground" would apply to Trayvon more than Zimmerman
casmith07;4483177 said:Technically, self-defense goes out of the window in all instances unless Trayvon pulled a pistol on Zimmerman. You're only authorized to defend yourself with equal or lesser force, unless you're in your home or car when someone is attempting to commit a felony or unlawfully/forcibly enter your home/car.
And you're right, "stand your ground" would apply to Trayvon and would absolve him of any assault/battery charges stemming from a fight, had he been alive to testify. Thing is, with no weapon, and no means on his person likely to cause death or grievous bodily harm (you can't exactly kill someone with Skittles and Nestea), Zimmerman unlawfully escalated the permission to "meet force with force" by shooting him.
He should have been charged. This is what happens when the authorities don't even know what law they're supposed to be enforcing.
Manwiththeplan;4483154 said:I'm pretty sure it would if the police decided not to charge him.
I really don't see why people keep bringing up all these other random cases, no one is going to defend the actions of the accused, unlike in this thread, and if you can't see that the reason this story has legs is because Zimmerman wasn't charged, then you truly don't want to understand.
If I looked hard enough I could find white on black crime that the national media doesn't report, white on asian, asian on white, hispanic on black or what ever I want. However it's rare you'll have a dead body of any color and someone standing over them with a smoking gun and not get charged.
A 13 year old eyewitness who was walking the dog at the time of physical altercation between GZ and TM stated he saw two men on the ground but they were separated.Romo_To_Dez;4483184 said:Zimmerman was that overpowered that he couldn't have punched back or pushed Trayvon off of him?
Joe Rod;4483293 said:The one thing I will say that really stinks about this whole thing is that most people have already drawn their line in the sand and it will no longer matter what the evidence suggests really happened. Anything short of a video and this will always be a lump in someone's throat.
That is truly sad.
Manwiththeplan;4483154 said:I really don't see why people keep bringing up all these other random cases, no one is going to defend the actions of the accused, unlike in this thread, and if you can't see that the reason this story has legs is because Zimmerman wasn't charged, then you truly don't want to understand.
Romo_To_Dez;4483184 said:Some think that Zimmerman had a reason to fear for his life. Because I guess they think that Trayvon was viciously beating Zimmerman and would have kept going until Zimmerman was dead.
I'm assuming that this is Zimmerman's defense and his only defense because Trayvon was unarmed. So Zimmerman;s lawyer will try to convince the jury that Trayvon's fists could have been deadly weapons.
Does Zimmerman have any medical records to prove his injuries or would it just end up as hear say in court?
I agree that a gun against fists is not equal force. Zimmerman was that overpowered that he couldn't have punched back or pushed Trayvon off of him?