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Post 16 Jul 2013, 8:57 am

Rudewalrus, you're absolutely right, my inexplicable mistake.
RJ you're right--this case had to be decided by a jury. A man with only minor injuries shot an unarmed 17 year old on public property (at least not in the home where we give traditionally more leeway to use lethal force against an intruder). It is up to the jury to make the call in a case that hinged on Zimmerman's account of the incident.
DF, you keep saying there is no evidence--I'm not sure what you're talking about. As I stated above, a man (weighing 200 pounds) shot an unarmed 17 year old weighing only 158 pounds. The man had minor injuries and had been following the minor. I don't think the fact that Zimmerman was getting beat up entitled him to use a gun (he could have fought back, he could have threatened Trayvon with the gun, he could have pushed Trayvin off of him);the jury did. Juries need to make these kinds if calls, not prosecutors (as long as there is enough evidence for the charge)
And by way it appears that the verdict was closer than it might appear, with the one juror initially voting for 2nd degree murder and two for manslaughter. If one more juror had initially felt that way, the verdict likely would have gone the other way. That's close.
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Post 16 Jul 2013, 9:23 am

Doctor Fate wrote: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.
The first protests were initiated locally and alongside the family of Martin, who were upset that Zimmerman was released and not charged, especially when two weeks later (12 March) it was announced that there was not enough evidence. The case did not really go national until after then (and that's when Sharpton and others jumped on the bandwagon) - in Sharpton's case a full 10 days later on 22 March. By 'original' protests, I meant the first ones.

And I think we can sympathise with the family of a shooting victim being upset and angry if they don't believe that the shooter has been held to account properly. They certainly felt that race had something to do with the investigations, and while they may well have been incorrect in that feeling, it.seems to me to be callous to dismiss it.
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Post 16 Jul 2013, 9:32 am

danivon wrote:
Doctor Fate wrote: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.
The first protests were initiated locally and alongside the family of Martin, who were upset that Zimmerman was released and not charged, especially when two weeks later (12 March) it was announced that there was not enough evidence. The case did not really go national until after then (and that's when Sharpton and others jumped on the bandwagon) - in Sharpton's case a full 10 days later on 22 March. By 'original' protests, I meant the first ones.

And I think we can sympathise with the family of a shooting victim being upset and angry if they don't believe that the shooter has been held to account properly. They certainly felt that race had something to do with the investigations, and while they may well have been incorrect in that feeling, it.seems to me to be callous to dismiss it.


You're welcome to your opinion about my emotional state. I think I know something more about it. Having children and grandchildren, my heart breaks for Trayvon's parents. However, that does not mean that race played a factor here--determinative or otherwise. There is more evidence that Trayvon disliked white people than there is that Zimmerman disliked black people.
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Post 16 Jul 2013, 9:42 am

freeman3 wrote:DF, you keep saying there is no evidence--I'm not sure what you're talking about.


1. That the incident was motivated by race.

2. That an actual crime was committed. Justifiable homicide committed in self-defense is not a crime.

3. That Zimmerman did anything more than get out of his car and follow Martin. Neither is criminal.

As I stated above, a man (weighing 200 pounds) shot an unarmed 17 year old weighing only 158 pounds.


So, size alone dictates who wins a fight? Not whoever throws the first effective blow? Not athletic prowess? Not skillset?

You are an attorney, yes? Would you make that argument to a jury?

The man had minor injuries and had been following the minor.


You can't determine his state of mind. You didn't get your nose broken and your head banged on the sidewalk. You don't know what Martin said.

You seem to want Zimmerman PROVEN innocent. I don't think that's our standard, but I'm willing to be proven wrong.

I don't think the fact that Zimmerman was getting beat up entitled him to use a gun (he could have fought back, he could have threatened Trayvon with the gun, he could have pushed Trayvin off of him);the jury did.


"I don't think . . ."

Do you have evidence to support your theory? You cite the injury level. How about that Trayvon was on top? That he threw the first punch (as far as we can tell)? That a fitness expert testified of Zimmerman's lack of strength and skill in fighting?

You can theorize all you like, but the facts are not on your side. Guilty beyond a reasonable doubt does not include "I think, but I have scant evidence."

Juries need to make these kinds if calls, not prosecutors (as long as there is enough evidence for the charge)


There clearly wasn't for second-degree murder.

And by way it appears that the verdict was closer than it might appear, with the one juror initially voting for 2nd degree murder and two for manslaughter. If one more juror had initially felt that way, the verdict likely would have gone the other way. That's close.


Maybe. But, they didn't stick to their opinions. Maybe because a discussion of the evidence left them with little to support their initial opinions?
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Post 16 Jul 2013, 10:02 am

I love how you claim to have sympathy for the family and then in the same post smear their son.

I don't know whether either of Martin or Zimmerman are racist or not, and as the depressing polarising argument goes on I care less and less each day. There is all kind of conclusion-drawing going on.

It is distasteful to go around blaming victims. While Tom was calling him a thug, he was basing that largely on evidence that was ruled inadmissable, as well it should be (as evidence about a woman's prior sexual history is not necessarily admissable when there is a charge that someone has raped her). Geraldo Rivera blamed his choice of clothing. And now you allege that there's clear evidence he hated white people.

Just as it is tawdry to race-bait, victim-blaming is also low behaviour. A bit of quiet, a bit less jumping to conclusions, and perhaps we can all move on from an event which is tragic all round.
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Post 16 Jul 2013, 10:23 am

danivon wrote:I love how you claim to have sympathy for the family and then in the same post smear their son.


I didn't do that. You are referring to this comment:

Doctor Fate wrote:There is more evidence that Trayvon disliked white people than there is that Zimmerman disliked black people.


Well, please cite worse language from Zimmerman than "creepy a** cracker" and you'll have a point.

I don't need to believe Trayvon was a saint to grieve with his parents. He clearly was not. His mother kicked him out of the house. http://www.nytimes.com/2013/05/24/us/zi ... .html?_r=0


It is distasteful to go around blaming victims.


Trayvon is dead. He is not necessarily a "victim." Suppose, for just a moment, that Zimmerman told the truth. In that event, Trayvon was the aggressor, Zimmerman defended himself, and there is no "victim."

While Tom was calling him a thug, he was basing that largely on evidence that was ruled inadmissable, as well it should be (as evidence about a woman's prior sexual history is not necessarily admissable when there is a charge that someone has raped her).


Admissibility of evidence is not the same as looking at the totality of his life. The prosecution portrayed Trayvon as a "child." A "child" would have run to his mother, not punched Zimmerman in the face.

Geraldo Rivera blamed his choice of clothing. And now you allege that there's clear evidence he hated white people.


I think I clarified that. All I said was there's more evidence of his racial animus than there is of Zimmerman's. Feel free to disprove that instead of spitting.

Just as it is tawdry to race-bait, victim-blaming is also low behaviour. A bit of quiet, a bit less jumping to conclusions, and perhaps we can all move on from an event which is tragic all round.


Physician, heal thyself. You've jumped to a few conclusions even in this post.
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Post 16 Jul 2013, 10:24 am

I was going to post but I read Dan's post before I submitted it and thought probably best to let it go. Trial is over, Zimmerman was acquitted, time to move on.
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Post 16 Jul 2013, 10:53 am

A very well-written piece on Slate: http://www.slate.com/articles/news_and_ ... on_toolbar
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Post 16 Jul 2013, 10:57 am

tom
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?


David Simon had a take on this appeal to self e=defence.

You can stand your ground if you’re white, and you can use a gun to do it. But if you stand your ground with your fists and you’re black, you’re dead.
In the state of Florida, the season on African-Americans now runs year round. Come one, come all. And bring a handgun. The legislators are fine with this blood on their hands. The governor, too. One man accosted another and when it became a fist fight, one man — and one man only — had a firearm. The rest is racial rationalization and dishonorable commentary.
If I were a person of color in Florida, I would pick up a brick and start walking toward that courthouse in Sanford. Those that do not, those that hold the pain and betrayal inside and somehow manage to resist violence — these citizens are testament to a stoic tolerance that is more than the rest of us deserve. I confess, their patience and patriotism is well beyond my own.
Behold, the lewd, pornographic embrace of two great American pathologies: Race and guns, both of which have conspired not only to take the life of a teenager, but to make that killing entirely permissible. I can’t look an African-American parent in the eye for thinking about what they must tell their sons about what can happen to them on the streets of their country. Tonight, anyone who truly understands what justice is and what it requires of a society is ashamed to call himself an American
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Post 16 Jul 2013, 11:15 am

rickyp wrote:tom
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?


David Simon had a take on this appeal to self e=defence.

You can stand your ground if you’re white, and you can use a gun to do it. But if you stand your ground with your fists and you’re black, you’re dead.
In the state of Florida, the season on African-Americans now runs year round. Come one, come all. And bring a handgun. The legislators are fine with this blood on their hands. The governor, too. One man accosted another and when it became a fist fight, one man — and one man only — had a firearm. The rest is racial rationalization and dishonorable commentary.
If I were a person of color in Florida, I would pick up a brick and start walking toward that courthouse in Sanford. Those that do not, those that hold the pain and betrayal inside and somehow manage to resist violence — these citizens are testament to a stoic tolerance that is more than the rest of us deserve. I confess, their patience and patriotism is well beyond my own.
Behold, the lewd, pornographic embrace of two great American pathologies: Race and guns, both of which have conspired not only to take the life of a teenager, but to make that killing entirely permissible. I can’t look an African-American parent in the eye for thinking about what they must tell their sons about what can happen to them on the streets of their country. Tonight, anyone who truly understands what justice is and what it requires of a society is ashamed to call himself an American


Inflammatory and ignorant--thanks for posting.

I would invite this man, who is ashamed to call himself an American, to move elsewhere.
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Post 16 Jul 2013, 11:23 am

GMTom wrote:
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.


.I don't see these as mutually exclusive. SYG laws can be pro gun, pro-property, and pro defense.
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Post 16 Jul 2013, 11:23 am

http://www.youtube.com/watch?v=Cv7JUOYCIik

Size does not matter. Look at Silva and Minowa and say that size matters. (Excepting the snickering jokes, of course)
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Post 16 Jul 2013, 11:54 am

Yes the law can be pro gun, it can be pro property, but it originates as pro defense. It is all about defending ones self, the rest follows from that.

and stand your ground laws are tough to defend yourself on, if you have two people with guns shooting at each other, simply claiming you were defending yourself is no easy thing to do! This is why I think it was simply avoided in this case, self defense was easier.

This whole political agenda is crazy
Now we have Black Preachers who refuse to accept the case, who refuse to listen to the facts of the case, who simply want nothing more than revenge.
http://www.reuters.com/article/2013/07/ ... me=topNews

This sums it up pretty well:
"Sharpton said demonstrations were planned for Saturday in 100 cities to push for new charges against Zimmerman and the repeal of Florida's "stand your ground" self-defense law.

"We don't need consolation. We need legislation, and we need some federal prosecution," Sharpton said."

so they did not get the verdict they wanted so the will push and push until they get what they want ...facts be damned!
and repeal Florida's stand your ground law???
It had nothing to do with this case, why push for repeal when it does nothing but make you look stoopid.
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Post 16 Jul 2013, 2:50 pm

tom
and repeal Florida's stand your ground law???
It had nothing to do with this case, why push for repeal when it does nothing but make you look stoopid.

The death of Trayvon Martin, and the possibility of a SYG defence, lead a lot of people to re-examine the law ....
And look at incidents of its use and misuse... Not to re-examine the law and understand through careful analysis whether its working properly or not would be silly.
. here's a little insight.

Florida's "stand your ground'' law has allowed drug dealers to avoid murder charges and gang members to walk free. It has stymied prosecutors and confused judges. • It has also served its intended purpose, exonerating dozens of people who were deemed to be legitimately acting in self-defense. Among them: a woman who was choked and beaten by an irate tenant and a man who was threatened in his driveway by a felon.

Seven years since it was passed, Florida's "stand your ground" law is being invoked with unexpected frequency, in ways no one imagined, to free killers and violent attackers whose self-defense claims seem questionable at best.

Cases with similar facts show surprising — sometimes shocking — differences in outcomes. If you claim "stand your ground" as the reason you shot someone, what happens to you can depend less on the merits of the case than on who you are, whom you kill and where your case is decided.

http://www.tampabay.com/news/publicsafe ... on/1233133

ray
.I don't see these as mutually exclusive. SYG laws can be pro gun, pro-property, and pro defense


I don't know what "pro-gun" has to do with defining the purpose of the law. I think thats a byproduct...

As written it gives people the defence of justifiable homicide because they were protecting their lives on their property. Its a confusing addition to the standard defence of "protecting one's life" using justifiable force....
It seems to indicate that people can value their property more than someone's life....
That changed in 2005 when Gov. Jeb Bush signed into law Florida Statute 776.013. It says a person "has no duty to retreat and has the right to stand his or her ground'' if he or she thinks deadly force is necessary to prevent death, great bodily harm or commission of a forcible felony like robbery


If you read the examples the Tampa Bay newspaper lists as acquitals due to SYG, it may make one wonder about the law... .

SYG may yet be invoked by Zimmerman in defence of the civil actions against him pending. There are analysts who say the defence wasn't used in the original case, because if he claimed the defence he would have had to testify. And he wanted to avoide testifying because it left a lot of the questions regarding his actions unclear. Doubt for him, was a good thing.
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Post 16 Jul 2013, 2:57 pm

And here's the bottom line on SYG and what it does. It had an effect with ZImmerman who was emboldened to "patrol" once he was armed ... And it seems to promote the ownership of weapons and embolden those whoa re armed resulting in an increase in the use of deadly force,....

'Emboldening'
As "stand your ground" claims have increased, so too has the number of Floridians with guns. Concealed weapons permits now stand at 1.1 million, three times as many as in 2005 when the law was passed.
"I think the (stand your ground) law has an emboldening effect. All of a sudden, you're a tough guy and can be aggressive,'' said George Kirkham, a professor emeritus at Florida State University who has worked as a police officer.
Criminologists say that when people with guns get the message they have a right to stand and fight, rather than retreat, the threshold for using that gun goes down. All too often, Bruce Bartlett, chief assistant state attorney for Pinellas-Pasco counties, sees the result.
"I see cases where I'll think, 'This person didn't really need to kill that person but the law, as it is written, justifies their action,' " Bartlett said about incidents that his office decides not to prosecute due to "stand your ground." "It may be legally within the boundaries. But at the end of the day, was it really necessary?"