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Post 16 Jul 2013, 6:06 am

They could have selected men but CHOSE not to do so, it was a calculated gamble on who they thought they could convince. To claim it was not fair is simply crying because you didn't get your way.
Suddenly we now hear how this was an unfair jury, we hear the state did not give it their all (they went overboard on this and gave it all they had). As far as the state giving it their "all", they had precious little to start with, remember the police didn't even think this was worthy, he was not to be tried until public pressure from the uninformed forced them to go to trial. They had nothing to start with and made a case out of thin air, of course it ended up the way it did!
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Post 16 Jul 2013, 6:08 am

freeman3 wrote:Archduke is absolutely right--remember the two Rodney King trials? It does seem a bit unfair, to be honest. But at least in the Rodney King trial there were state actors (the police) so there was more cause for the federal government to step in. But Zimmerman is not a state actor, so I will be interested to see what theory the federal government has for bringing a federal case.


Thank you. Good point. But my larger point that the ACLU should defend a jury trial and innocent until proven guilty still holds.
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Post 16 Jul 2013, 6:11 am

danivon wrote:RJ, the state did not give 'their all' to the case from the start. The reason for the original protests was that they dropped it early on. That was were the allegations of institutional racism came from. I'm not sure that it means that parts of the state - police or prosecutors - were instituionally racist.



Yes, the initial prosecutor felt that based on the evidence there was not a good case. Was he racist, or was he a smart guy with lots of experience trying to use government resources wisely? In any case, based on politics, they felt that had to bring the case to trial (which seems right to me).
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Post 16 Jul 2013, 6:12 am

Rudewalrus wrote:
freeman3 wrote:a jury (not really a jury of Trayvon Martin's peers but they so seldom are)


I didn't follow this case, and don't know the details, so I won't comment on the justice/injustice of the verdict. I will note, however, that Freeman missed one here:

George Zimmerman was on trial; he was entitled to a jury of his peers, not Trayvon Martin's.


Excellent point. I think that people are losing sight of that.
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Post 16 Jul 2013, 6:40 am

freeman3 wrote:If that's an argument that's pretty weak..If you have something to disprove any of what I just posted, let's hear it. Last time you came up with a white guy who got hit by a car--surely you can do better than that.


A white guy who got hit by a car? Okay, THAT is moronic--and, if you believe that, you are a moron. He was knocked senseless and prevented from escaping traffic by four young black men. That is not "a white guy who got hit by a car."

So, you resort to more anecdotes and then characterize my anecdote.

Who kills more young black men: cops, white people (in general), white Hispanics, or other young black men?
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Post 16 Jul 2013, 6:45 am

Ray Jay wrote:I think we have to distinguish between racism and racist institutions. Perhaps Zimmerman is a racist; perhaps he isn't. My gut is the former. But so what. There are plenty of racists, and misogynists and anti-Semites, and anti just about any group in our society. I've met all of these types. I also generally agree with Freeman's larger point that there are subconscious biases galore in the human psyche.


That may be true. The question I raise, and I don't think any study can address, is if that actually makes a difference in a split-second shoot/don't shoot scenario.

But that's different than institutional racism. The verdict shows no evidence of institutional racism. There was a trial. The state gave their all to the case. The judge listened. There's no evidence that the jurors are racist.


All true, and I'm sick of all the race-baiting going on nationally. The number one cause of death among young black males is homicide. Almost half of those are committed by other young black males. The murder capitol of the US (in numbers) is Chicago; per capita it's Detroit. Chicago has massive gun restrictions. They're pointless because criminals don't obey laws.

The stand your ground laws are pro gun and pro property, but they aren't racist. However, there is now a large chorus in the media talking about institutional racism. Has there been any evidence of that?


A note of clarification: "stand your ground" played no part in the Zimmerman trial.
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Post 16 Jul 2013, 6:47 am

In any case, based on politics, they felt that had to bring the case to trial (which seems right to me).

whoa!
You actually believe people should be brought to trial for political reasons? The LAW should decide who goes on trial, not what the uninformed masses think. There is absolutely zero room for "politics" where a courtroom is concerned!
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Post 16 Jul 2013, 6:48 am

freeman3 wrote:Archduke is absolutely right--remember the two Rodney King trials? It does seem a bit unfair, to be honest. But at least in the Rodney King trial there were state actors (the police) so there was more cause for the federal government to step in. But Zimmerman is not a state actor, so I will be interested to see what theory the federal government has for bringing a federal case.


They won't do it.

If you heard Holder, they have to meet the highest standard to bring such a case. Basically, they have to prove Zimmerman was motivated entirely by race. If Florida could have proven that, they would have won. There's not enough evidence--not even close.
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Post 16 Jul 2013, 6:52 am

danivon wrote:RJ, the state did not give 'their all' to the case from the start. The reason for the original protests was that they dropped it early on. That was were the allegations of institutional racism came from. I'm not sure that it means that parts of the state - police or prosecutors - were instituionally racist.


The reason for the protests was to make a living. Sharpton, et al, don't have work without it. If it was really about ending violence against young black men, they'd be camped out in Chicago.

Florida didn't bring charges (more correctly, the city and county did not) because the case was too weak. The governor bowed to political pressure, appointed a special prosecutor, who grandstanded and overcharged. I'm not sure they could have convicted of manslaughter without the 2nd degree murder, but I think the State poisoned the well with that charge.
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Post 16 Jul 2013, 6:54 am

GMTom wrote:
In any case, based on politics, they felt that had to bring the case to trial (which seems right to me).

whoa!
You actually believe people should be brought to trial for political reasons? The LAW should decide who goes on trial, not what the uninformed masses think. There is absolutely zero room for "politics" where a courtroom is concerned!


This is right.

As soon as the criminal justice system can be wielded as a political tool, we no longer have a fair system. Political issues should not be tried in a court of criminal justice.
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Post 16 Jul 2013, 7:00 am

GMTom wrote:
In any case, based on politics, they felt that had to bring the case to trial (which seems right to me).

whoa!
You actually believe people should be brought to trial for political reasons? The LAW should decide who goes on trial, not what the uninformed masses think. There is absolutely zero room for "politics" where a courtroom is concerned!


The world is never that clear cut. I think politics may be a factor, but certainly not a major factor. The politics aren't in the courtroom. The politics are relevant when deciding whether to use the state's resources to bring charges. In this case it was the best way to resolve the determination of Zimmerman's guilt or innocence.
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Post 16 Jul 2013, 7:34 am

Ray Jay wrote:The world is never that clear cut. I think politics may be a factor, but certainly not a major factor. The politics aren't in the courtroom. The politics are relevant when deciding whether to use the state's resources to bring charges. In this case it was the best way to resolve the determination of Zimmerman's guilt or innocence.


I could not agree less.

Professionals on all levels looked at the evidence and did not see a case.

The local police didn't see enough. The DA didn't see enough. The FBI saw no evidence of racial animus.

So, the best thing to do, after protests erupt, is to put a man on trial for, essentially, his life? If Zimmerman was found guilty even of manslaughter, he would be in his "golden years" before he was released.

I don't see that as a positive message. I see it as more of "mob rule."

The prosecutors, per Dershowitz, flat-out lied:

Harvard Law professor Alan Dershowitz says the prosecutors in the George Zimmerman murder trial should be charged with "prosecutorial misconduct" for suggesting the defendant planned the fatal shooting of Trayvon Martin.

"That is something no prosecutor should be allowed to get away with … to make up a story from whole cloth," Dershowitz told "The Steve Malzberg Show" on Newsmax TV.

"These prosecutors should be disbarred. They have acted absolutely irresponsibly in an utterly un-American fashion."

Zimmerman, a 29-year-old neighborhood watch volunteer, is charged with gunning down Martin, 17, as the two fought following a confrontation in the gated Sanford, Fla., community where Zimmerman lives — an act the defendant said was in self-defense.

In the prosecution's final argument on Friday, lawyer John Guy said Zimmerman deliberately followed Martin and "shot him because he wanted to."

Dershowitz called Guy's statement "such speculation. How does he get into the mind of Zimmerman? He hasn't cross-examined him, he hasn't met him.

"To ask the jury to believe that is to ask the jury to convict based on complete and utter speculation and that's not the way the law operates."


I think he's right and that is the result of politics trumping the rule of law: it emboldens the prosecutors to go even further afield.

Juries are unpredictable. The could have convicted. Given the scant evidence, that would have not been just.
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Post 16 Jul 2013, 7:35 am

The stand your ground laws are pro gun and pro property...

Yet another issue I need to differ with.
Stand your ground laws are not pro gun or pro property but rather pro defense. They simply allow you to defend yourself if being attacked, if you are being attacked and you have an option to flee or to defend, they allow defense. Yes, if you have a gun you are more likely to stand your ground and not run away but how is running away when you can defend the right answer? Have we gotten so wussy that we simply allow others to do as they wish to us and our property while we wait for the police? Our constitution allows us to defend ourselves and these stand your ground laws allow for this. They do not give anyone the right to shoot first and ask questions later, they do not allow for vigilante-ism, they simply allow for us to protect ourselves. Running away may often be the best answer, but not always, just like a school fight, if a bully beats you up should you simply take it? Should you run away like a girl or should you possibly fight back? Stand your ground is a self defense law! (and it played no part in the GZ trial)
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Post 16 Jul 2013, 8:27 am

Ray Jay wrote:The world is never that clear cut. I think politics may be a factor, but certainly not a major factor. The politics aren't in the courtroom. The politics are relevant when deciding whether to use the state's resources to bring charges. In this case it was the best way to resolve the determination of Zimmerman's guilt or innocence.


As further evidence that I think you are misguided:

Interestingly, B37 said that after an initial vote was divided (3-3), she though that “There was a couple of [jurors] in there that wanted to find him guilty of something…”


In other words, as I said, going before a jury in any situation is not a guarantee of justice. 3 of the jurors thought Zimmerman should be punished for something. Now, emotionally, I get that. Legally, we can't have a system where a jury of our peers decides on matters of stupidity. If we leave evidence behind and start deciding criminality based on 20/20 hindsight, we're going to have a vastly different system of justice, one that hinges completely on emotion and not on the rule of law.
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Post 16 Jul 2013, 8:54 am

GMTom wrote:They could have selected men but CHOSE not to do so, it was a calculated gamble on who they thought they could convince. To claim it was not fair is simply crying because you didn't get your way.
I do not like the US system of Jury selection, where the lawyers get to try and shape the eventual panel from a larger group, and I get the impression that often it is used to 'test' their arguments and approaches (subtly). It also seems to me to put far too much focus on individual jurors and potential jurors, before the trial even begins,eand that raises concerns for me about jurors being under pressure.

Regardless of the result, 6 is a small jury. I did not say it was 'unfair' - if you recall, I was the annoyed at those of you taking sides and making judgements during the trial - I said that it seems unbalanced with only one gender represented.