The Trayvon Martin Case
- Thread starter DiamondDust
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That much is apparent, but the law says what the law says.
Imminent danger of death or great bodily harm.
The law actually says "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;"
There is a HUGE difference there. It comes down to the word reasonably. If I can put it in the frame of mind that I feel someones actions are reasonably going to cause me imminent death or great bodily harm, then SYG works for me.
Given this scenario, a man has been following me for a couple blocks, attempts to stop/interrogate me in a dark space between buildings and may have a gun visible. I can tell you that I reasonably believe that person wants to cause me imminent death or great bodily harm and my actions are to prevent what I believe to be the imminent commission of a felony.
I have derailed this thread. I am sorry. I just wanted to illustrate what I believe to be a bias for GZ utilizing the SYG law, and I wonder if the same zealous nature would be applied had TM had a gun and shot first.
Anyways, interesting discussion. Sorry to have derailed it.
To answer Mikes12
Do I think he committed 2nd degree murder? No. Manslaughter? Yes. I agree that the reasonable doubt is the significant issue here, and as a result of his story being the only one available, I feel he likely walks.mikes12 said:
You seem to have a bias against people following and asking questions of suspicious people in dark neighborhoods.
I have a bias against those who initiate aggression, as does the law.
If Zimmerman had followed Martin, asking questions, and Martin shot Zimmerman, Martin should be guilty of some form of homicide.
If Zimmerman were beating Martin's head on the ground, and Martin shot Zimmerman, Martin should be able to claim self-defense.
If Zimmerman had pulled a gun on Martin, and Martin shot Zimmerman, Martin should be able to claim self-defense.
Folks would do well to remember that local authorities were NOT going to charge him based on evidence and the SYG law. This prosecution is solely political and I think anything short of conviction on some murder charge will result in civil unrest. But that is what happens when you actively stoke race issues. Should TM be dead? NO. Should GZ have stayed his fat ... in his car? YES. But that didn't happen so you have to apply the law. I just hope the jury doesn't feel threatened by public outcries in a way the vote against what they believe is right. Personally I think they are out to railroad GZ and I'd hate to be in his position.
A little off topic but why are there only 6 jurors on a criminal case? I thought 12 was the usual standard. Is this normal for Florida?
I guess with only 6 members it makes it easier to have a less diverse jury. Also makes a hung jury less likely.
Just depends on the state. Here it is 9 and all verdicts must be unanimous for either side to win. Other states have more or less in # and some require only majorities for a verdict. Feds must be unanimous. Is this in state court?
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I figure the state was looking to save money on the hotel rooms. By having 6 women, they only have to get 3 rooms. If they had men and women, they would have had to get more rooms. Gotta cut costs somewhere.:wink:
If I was in TM's shoes in this situation (presuming fear as you point out), I would have hung up on my girlfriend and called the police. That way, if the guy does try anything, police will know I was defending myself if it gets to the point I need to Stand My Ground.
Yes, the number of grounds for a federal homicide are very few and I can't see this fitting any of them...
They make devices for that now...just for such unique situations where only females are present.
You've hit the exact reason. It's not only rooms, it's per diem and other expenses. Economy has been mentioned in each of the states which have adopted the mini-juries...
I've been trying to follow the trial. From what I have seen so far, I dont think the prosecution is doing so good.
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