George Zimmerman Trial

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Rhode Irish

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I love these jury instruction arguments. Reminds me a bit of the better parts of our discussions here. A lot of the same issues coming up. Florida law is pretty bad and handcuffing the state here, but the prosecutor is doing as good of a job as could be expected - at least with regard to these instructions. I haven't watched much of the trial to this point, and I've heard the prosecutor wasn't very good. Both attorneys doing a decent job in their roles this morning.
 

Rhode Irish

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Let's ask Rhode Irish. I think he fits your description...Would you be unsatisfied with a manslaughter conviction, Rhode?

No, I'd be pleasantly surprised. I think morally it is too lenient, but legally it is as good as you could hope for. Probably too good to expect, I think.
 

Golden_Domer

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Manslaughter is now on the table and IMO Zimmerman will be convicted of this charge. Is this the result that incites both sides??

No, no, no, no. Why does everyone keep saying he's more likely to be convicted of manslaughter? Even if the elements--taken as a whole--are easier to prove than second degree murder, THEY STILL NEED TO OVERCOME ZIMMERMAN'S CLAIM OF SELF-DEFENSE, which they probably won't.
 

Rhode Irish

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Proved their theory? They don't even have a theory. All they did was try to cast doubt on the Defense theory.

BINGO!

They ran with the mob and now caught with their pants down

Actually, the defense admitted that the defendant shot the victim and raised an affirmative defense. Usually the state is trying to prove that the defendant was the shooter - what can the state be expected to prove here? It is hard to prove that someone didn't act in self defense when there were only two people who knew what happened and one of them killed the other one. That is why I think the law is bad and the burden should be shifted to the defendant to prove the affirmative defense beyond a reasonable doubt.
 

IrishLax

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No, no, no, no. Why does everyone keep saying he's more likely to be convicted of manslaughter? Even if the elements--taken as a whole--are easier to prove than second degree murder, THEY STILL NEED TO OVERCOME ZIMMERMAN'S CLAIM OF SELF-DEFENSE, which they probably won't.

Right, but juries are human and I think most assume... especially with it being a small jury... that if there is 1 person on that jury that feels very strongly that Zimmerman is guilty that you're more likely to have a "compromise" on a lesser charge than a hung jury, weeks of deliberations, etc. Lawyers always say that juries are notoriously unpredictable and often times they don't really grasp the law either.
 

Irish Houstonian

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Actually, the defense admitted that the defendant shot the victim and raised an affirmative defense. Usually the state is trying to prove that the defendant was the shooter - what can the state be expected to prove here? It is hard to prove that someone didn't act in self defense when there were only two people who knew what happened and one of them killed the other one. That is why I think the law is bad and the burden should be shifted to the defendant to prove the affirmative defense beyond a reasonable doubt.

The state has to prove -- or should at least try -- to show that Zimmerman was the aggressor, or that Martin wasn't beating up Zimmerman. They have to present a theory that fits that. Like you alluded to, it's not necessarily their fault they didn't, because there's literally no evidence supporting that theory.

All of which begs the question -- if Zimmerman's evidence mops the floor with the State's, how in the heck was this case brought in the first place?
 

Golden_Domer

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Actually, the defense admitted that the defendant shot the victim and raised an affirmative defense. Usually the state is trying to prove that the defendant was the shooter - what can the state be expected to prove here? It is hard to prove that someone didn't act in self defense when there were only two people who knew what happened and one of them killed the other one. That is why I think the law is bad and the burden should be shifted to the defendant to prove the affirmative defense beyond a reasonable doubt.

Sounds like you're calling for there to be no presumption of innocence ("guilty until proven innocent"). No thanks.
 

NDinL.A.

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I was presented with unarmed black seventeen year-old was killed by armed man under unknown circumstances.

Black peoples have been murdered by blacks and whites with little or now intervention for centuries. The same is not true of whites, or Hispanics, or Jews, or Catholics. Only Native Americans.

So pardon a situation where an unethical whorish media exploits this situation and plays upon people this way.

Nope, I'm not pardoning the media for their role in this. It's been despicable, and typical of the way they pick and choose which story to exploit and which side they choose to attack it from.

Especially after the way the media handled the Manti story (ignoring factual evidence from the jump and running with the more scandalous, untrue details), I don't see how any ND fan can pardon the media from their b.s.
 

NDinL.A.

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The state has to prove -- or should at least try -- to show that Zimmerman was the aggressor, or that Martin wasn't beating up Zimmerman. They have to present a theory that fits that. Like you alluded to, it's not necessarily their fault they didn't, because there's literally no evidence supporting that theory.

All of which begs the question -- if Zimmerman's evidence mops the floor with the State's, how in the heck was this case brought in the first place?

Exactly. However, it's obvious that there was A TON of pressure from outside sources to bring this to trial, evidence be damned.
 

NDWorld247

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No, no, no, no. Why does everyone keep saying he's more likely to be convicted of manslaughter? Even if the elements--taken as a whole--are easier to prove than second degree murder, THEY STILL NEED TO OVERCOME ZIMMERMAN'S CLAIM OF SELF-DEFENSE, which they probably won't.

I have never studied law and don't pretend to be a lawyer, but if Zimmerman's defense lawyers are concerned about a 'compromise verdict' on manslaughter charges, which they have stated they are, there's probably good reason for it.
 

Rhode Irish

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Sounds like you're calling for there to be no presumption of innocence ("guilty until proven innocent"). No thanks.

Only in cases where there is an affirmative defense, where the defendant is admitting to the underlying act (in this case, the shooting) and offering an explanation to mitigate his culpability. In those cases, the defendant is essentially prosecuting the victim. When the roles reverse, so should the burden. As much as it doesn't sound good, when you admit to the act and then defend yourself on the grounds that it was justified, you really are (or should be) guilty (because you already conceded the act) until you can prove that you aren't legally responsible.
 

Emcee77

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Right, but juries are human and I think most assume... especially with it being a small jury... that if there is 1 person on that jury that feels very strongly that Zimmerman is guilty that you're more likely to have a "compromise" on a lesser charge than a hung jury, weeks of deliberations, etc. Lawyers always say that juries are notoriously unpredictable and often times they don't really grasp the law either.

Right, and also, manslaughter could be the proper verdict if the jury finds that Zimmerman genuinely believed that he was in danger of death or great bodily harm, but that that belief was unreasonable. Maybe one or more of the jurors believe that Martin never indicated that he was going to do more than smacK GZ around a little, so it wasn't reasonable to resort to deadly force, but GZ, gripped by fear, believed truly--if erroneously--that his life was in danger. That's what we call second degree murder in Illinois, and I assume that would be manslaughter in FL.
 

Rhode Irish

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The state has to prove -- or should at least try -- to show that Zimmerman was the aggressor, or that Martin wasn't beating up Zimmerman. They have to present a theory that fits that. Like you alluded to, it's not necessarily their fault they didn't, because there's literally no evidence supporting that theory.

All of which begs the question -- if Zimmerman's evidence mops the floor with the State's, how in the heck was this case brought in the first place?

I think, in the absence of Zimmerman's assertions about what happened, the inference that Zimmerman was the aggressor is almost impossible not to arrive at. Since I don't think the defendant's self serving version of events is persuasive, I would default to that position. I don't think the state can be reasonably be expected prove that with physical evidence or eyewitness testimony in a case where the defendant killed the only other witness. Circumstantial evidence and reasonable inference are enough.
 

irishpat183

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I think, in the absence of Zimmerman's assertions about what happened, the inference that Zimmerman was the aggressor is almost impossible not to arrive at. Since I don't think the defendant's self serving version of events is persuasive, I would default to that position. I don't think the state can be reasonably be expected prove that with physical evidence or eyewitness testimony in a case where the defendant killed the only other witness. Circumstantial evidence and reasonable inference are enough.

LOL!!!!


Screw actual accounts and evidence go on what you "think"...LOL


I've heard it all.
 

IrishLax

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To be fair, the defendant here did *shoot* and *kill* the only person who could have provided testimony to refute the defendant's. Where are they going to get irrefutable evidence from? As a matter of public policy, it seems dangerous to send the message that as long as nobody else is around to see it you can kill someone and then make up a story about how you were defending yourself.

For the record, I don't hate any of the people you mentioned here. Ironically enough, I think it is specifically logic that dictates that his version of events be dismissed. What we know about this incident other than what came from Zimmerman is that you had this wannabe cop who was (wrongly) suspicious of a kid that was doing nothing wrong, and as a result of that suspicion, along with some hubris and ignorance and stupidity, he decided to follow the kid. And as a result of him following the kid, there was an altercation in which he shot the kid.

Everything I know about life tells me that if there is an altercation between the type of person that is going to go follow a kid around a neighborhood armed with a gun despite zero evidence of the kid doing anything wrong and a kid who was walking through the neighborhood minding his own business and not bothering anyone, that the former is approximately 1000X more likely to be responsible for that altercation than the latter. And since in this case the latter died as a result of the altercation and the former's explanation both serves as the only possible scenario in which he could not be guilty of killing the kid and includes a series of events that defy every reasonable inference that a person could make about what happened, I don't think he deserves to be believed.

It certainly isn't illegal to follow someone around your neighborhood. But Zimmerman isn't on trial for that. He is on trial for the shooting that took place as a result of his following someone around his neighborhood. First of all, the fact that he was armed and following a teenager around his neighborhood speaks to his character and credibility, and so it is relevant insofar as it allows me to dismiss his story about what happened. Second of all, I don't believe that Martin started the altercation and I do think that once Zimmerman approached Martin he had the right to defend himself (oh, the irony). I also believe the thing about Martin trying to grab Zimmerman's gun is laughably absurd and further undermines Zimmerman's credibility. I get why he is saying it, I just think it is too far fetched to be believable.

The thing is, I'm with you until this last paragraph. Everything you're saying is fine. Then I get lost on your logic on a couple points. Please try to answer these if you have time:
-How does Zimmerman being armed speak to his credibility? It's perfectly legal to carry and lots of people carry every time they leave the house. That hurts his credibility (i.e. the fact that he owns/carries indicates he is untrustworthy) in what way?
-How does him following a teenager (mind you, there is no way Zimmerman would know that a person who is 4" taller than him in the dark and at a distance with a hood up is a "teenager" when he chose to follow him) speak to his character? He called 911 to report someone he thought looked suspicious and then followed them to see where they were going when they randomly took off running. Seems like the actions of a concerned citizen more than a vigilante murder. Someone with the intent of murder/assault logically would not call the cops to report a suspicious person... they would just go murder/assault them.
-Why do you not believe that Martin started the altercation? There are only two people testifying to the start of the altercation... Zimmerman and Martin's GF. Martin's GF even said that she encouraged Martin to keep going home but he didn't listen and instead turned around to confront Zimmerman. She said that on the stand.

If Zimmerman was "not minding his own business" from inside his house and looking out the window, or standing in his driveway, then no it wouldn't warrant an ***-kicking. But following someone around could definitely make that person apprehensive about their safety and cause them to protect themselves. If Zimmerman had followed Martin around and made him nervous and Martin responding by punching him in the face, then Martin would be in the wrong and the justice system could deal with Martin. But not only do I not believe that happened, I don't believe people should have the right to take the law into their own hands and kill someone because they got beat up.

If that all happened word for word and I saw videotape proving it, then I would not convict for manslaughter. I just find that whole scenario to be so utterly absurd and implausible that it is hard for me to take it seriously.

So basically what it comes down to is that you just personally do not believe Zimmerman and you also disagree with the law in play here that would allow him to be acquitted. Fine. When phrased like that instead of "Zimmerman deserve to die" it seems far more reasonable.

I don't think they would ever let me on a jury because it would be hard for me to follow an instruction with which I disagreed. It is my understanding that this jury will be instructed that the state has to prove beyond a reasonable doubt that the defendant was not acting in self defense. I believe that if a defendant is using an affirmative defense, the burden should shift to the defendant to prove that defense beyond a reasonable doubt. In this case, that would mean that Zimmerman would have to prove beyond a reasonable doubt that he was acting in self defense.

Seems legit.

Having said that, and based on what I wrote above, I don't have any doubt in my mind that Zimmerman's story is horseshit and so I would vote to convict. This thread is terrific evidence that there is no way you're going to get 12 out of 12 people to feel that way, though. For whatever reason, people seem to desperately want to believe this guy's story. I can't understand why, but it is obviously the way it is.

Well, 6 out of 6 in this case... so there is a chance. I don't necessarily believe Zimmerman's account, but I find it relatively plausible... at least not very implausible relative to other options. What we know is that Zimmerman thought Martin was suspicious (sorry, but they've told residents in our building to call security on anyone we see in the parking area or in the streets around the building who looks suspicious... and white, black, Latino, or purple someone walking around alone at night in the rain would be suspicious 10/10 times. That is not normal behavior for most people.)... he called the cops... Martin saw Zimmerman watching him and took off running... Zimmerman went to see where Martin went... Martin turned around to confront him per his GF's testimony... and then it gets murky.

Someone escalated it to a physical confrontation, it could just as easily have been either person... it's fairly clear from the forensic evidence and conflicting witness accounts that at one point in the fight Martin was on top of Zimmerman and kicking his ***... and then Zimmerman shot Martin. So in essence the only part of the story that is both important and debatable is whether or not Martin went for his gun, or Zimmerman just drew and fired. I don't really see how there is any evidence either way making Zimmerman's account of that aspect likely or unlikely.

I do think a good chunk of the Zimmerman defenders/rage has to do with people who came into following this case with pre-conceived notions from the media... and then learned how much horse crap was involved in that early media reporting. And they now think that there is practically no case and shame on certain media outlets for trying to manufacture a race war for ratings with doctored/selective/misleading information.
 

Rhode Irish

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LOL!!!!


Screw actual accounts and evidence go on what you "think"...LOL


I've heard it all.

The defendant's self serving version of events isn't exactly the strongest evidence in my mind. You make it seem like there is DNA evidence exonerating him or something. I don't find his version to be credible.

Lax, I'm getting on a call right now and can't get to all of your post but will try to this afternoon.
 

Irish Houstonian

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I think, in the absence of Zimmerman's assertions about what happened, the inference that Zimmerman was the aggressor is almost impossible not to arrive at. Since I don't think the defendant's self serving version of events is persuasive, I would default to that position. I don't think the state can be reasonably be expected prove that with physical evidence or eyewitness testimony in a case where the defendant killed the only other witness. Circumstantial evidence and reasonable inference are enough.

Seriously? One guy gets repeatedly punched in the face, and the other guy doesn't get struck at all...

And you think it's "impossible" to conclude that the guy doing the punching was the aggressor?
 

Emcee77

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Seriously? One guy gets repeatedly punched in the face, and the other guy doesn't get struck at all...

And you think it's "impossible" to conclude that the guy doing the punching was the aggressor?

Right. Rhode, I'm not at ALL sympathetic to GZ, I think he was a ridiculously officious intermeddler who was blatantly racially profiling, but I do think you are ignoring some important circumstantial evidence. A juror could go either way in this case, imo.
 
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Golden_Domer

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Right, and also, manslaughter could be the proper verdict if the jury finds that Zimmerman genuinely believed that he was in danger of death or great bodily harm, but that that belief was unreasonable. Maybe one or more of the jurors believe that Martin never indicated that he was going to do more than smacK GZ around a little, so it wasn't reasonable to resort to deadly force, but GZ, gripped by fear, believed truly--if erroneously--that his life was in danger. That's what we call second degree murder in Illinois, and I assume that would be manslaughter in FL.

I have never studied law and don't pretend to be a lawyer, but if Zimmerman's defense lawyers are concerned about a 'compromise verdict' on manslaughter charges, which they have stated they are, there's probably good reason for it.

I understand what you guys are saying, but legally, he can't be convicted of anything unless the evidence shows beyond a reasonable doubt that Zimmerman did not act in self-defense. I just can't see a jury coming to that conclusion. But yes, juries are really unpredictable.

Also, let's not forget that aggravated assault is one of the lesser included charges as well. Manslaughter is not the only alternative here.
 

Golden_Domer

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Only in cases where there is an affirmative defense, where the defendant is admitting to the underlying act (in this case, the shooting) and offering an explanation to mitigate his culpability. In those cases, the defendant is essentially prosecuting the victim. When the roles reverse, so should the burden. As much as it doesn't sound good, when you admit to the act and then defend yourself on the grounds that it was justified, you really are (or should be) guilty (because you already conceded the act) until you can prove that you aren't legally responsible.

I could understand--but disagree--with that reasoning in cases like this, where there is not a lot of direct evidence of culpability and the victim is dead, but I think it would be too burdensome on the defendant in cases where the victim can testify.
 

NDWorld247

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I understand what you guys are saying, but legally, he can't be convicted of anything unless the evidence shows beyond a reasonable doubt that Zimmerman did not act in self-defense. I just can't see a jury coming to that conclusion. But yes, juries are really unpredictable.

Also, let's not forget that aggravated assault is one of the lesser included charges as well. Manslaughter is not the only alternative here.

The prosecution pulled the aggravated assault charge this morning. Looks like it's murder 2 or manslaughter. The judge is going to rule shortly on a 3rd degree felony murder child abuse.
 

irishpat183

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The prosecution pulled the aggravated assault charge this morning. Looks like it's murder 2 or manslaughter. The judge is going to rule shortly on a 3rd degree felony murder child abuse.

Any charge would be ridiculous and only, I repeat, ONLY to please the mob.

How the hell can they charge him with manslaugher....if it was in self defense(which beat the murder charge)?
 

irishpat183

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The thing is, I'm with you until this last paragraph. Everything you're saying is fine. Then I get lost on your logic on a couple points. Please try to answer these if you have time:
-How does Zimmerman being armed speak to his credibility? It's perfectly legal to carry and lots of people carry every time they leave the house. That hurts his credibility (i.e. the fact that he owns/carries indicates he is untrustworthy) in what way?
-How does him following a teenager (mind you, there is no way Zimmerman would know that a person who is 4" taller than him in the dark and at a distance with a hood up is a "teenager" when he chose to follow him) speak to his character? He called 911 to report someone he thought looked suspicious and then followed them to see where they were going when they randomly took off running. Seems like the actions of a concerned citizen more than a vigilante murder. Someone with the intent of murder/assault logically would not call the cops to report a suspicious person... they would just go murder/assault them.
-Why do you not believe that Martin started the altercation? There are only two people testifying to the start of the altercation... Zimmerman and Martin's GF. Martin's GF even said that she encouraged Martin to keep going home but he didn't listen and instead turned around to confront Zimmerman. She said that on the stand.



So basically what it comes down to is that you just personally do not believe Zimmerman and you also disagree with the law in play here that would allow him to be acquitted. Fine. When phrased like that instead of "Zimmerman deserve to die" it seems far more reasonable.



Seems legit.



Well, 6 out of 6 in this case... so there is a chance. I don't necessarily believe Zimmerman's account, but I find it relatively plausible... at least not very implausible relative to other options. What we know is that Zimmerman thought Martin was suspicious (sorry, but they've told residents in our building to call security on anyone we see in the parking area or in the streets around the building who looks suspicious... and white, black, Latino, or purple someone walking around alone at night in the rain would be suspicious 10/10 times. That is not normal behavior for most people.)... he called the cops... Martin saw Zimmerman watching him and took off running... Zimmerman went to see where Martin went... Martin turned around to confront him per his GF's testimony... and then it gets murky.

Someone escalated it to a physical confrontation, it could just as easily have been either person... it's fairly clear from the forensic evidence and conflicting witness accounts that at one point in the fight Martin was on top of Zimmerman and kicking his ***... and then Zimmerman shot Martin. So in essence the only part of the story that is both important and debatable is whether or not Martin went for his gun, or Zimmerman just drew and fired. I don't really see how there is any evidence either way making Zimmerman's account of that aspect likely or unlikely.

I do think a good chunk of the Zimmerman defenders/rage has to do with people who came into following this case with pre-conceived notions from the media... and then learned how much horse crap was involved in that early media reporting. And they now think that there is practically no case and shame on certain media outlets for trying to manufacture a race war for ratings with doctored/selective/misleading information.

Yep. It was as if they were PRAYING it was some big bad white guy that gunned down some kid.

It's not even close. TM is the same kid that assaulted his bus driver, is covered in tats, does drugs, and roams the streets at night....Doesn't sound like a "kid" to me.

Oh, and let us not forget that TM was caught with robbery tools and jewelry...they also leave that little nugget out.
 

A Pac

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What does he deserve to go to jail for? I think he is a moron. But Jail? No

If he stays in his car, there is no fight and nobody is dead. Perhaps his defense team should use the Chewbaca defense.
 

drayer54

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If he stays in his car, there is no fight and nobody is dead. Perhaps his defense team should use the Chewbaca defense.

He didn't break the law getting out of the car. He didn't break the law having a gun. He is the only one who called 911. He committed no crime from what I can see.
 

Booslum31

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That was pretty bazaar to ask the defendant directly are not let the lawyer answer the question for him.
 
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Bogtrotter07

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Only in cases where there is an affirmative defense, where the defendant is admitting to the underlying act (in this case, the shooting) and offering an explanation to mitigate his culpability. In those cases, the defendant is essentially prosecuting the victim. When the roles reverse, so should the burden. As much as it doesn't sound good, when you admit to the act and then defend yourself on the grounds that it was justified, you really are (or should be) guilty (because you already conceded the act) until you can prove that you aren't legally responsible.

This is one of the most brilliant posts I have seen in this thread.
 
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