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AutoBahned
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Trayvon Martin case ..an actual Poll
what will happen to Z-man?
(personally, I doubt it will be a murder conviction) |
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Did you get the memo?
Join Date: Mar 2003
Location: Wichita, KS
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I bet he bans you!
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I'm thinking he will get off, but that they will lose the civil suit.
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D idn't E arn I t
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rjp
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AOC/Hogg 2028 |
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It doesn't seem to matter if you are right in this case. You are a political football/scapegoat. Obviously, justice is not as important as getting guns banned (for noncriminals).
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I'm relatively sure theyll find something to charge him with...
May not be for killing but some violation of some sort. Its so politicized that this will be the compromise struck behind closed doors.
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Chris ---------------------------------------------- 1996 993 RS Replica 2023 KTM 890 Adventure R 1971 Norton 750 Commando Alcon Brake Kits |
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You do not have permissi
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Byron ![]() 20+ year PCA member ![]() Many Cool Porsches, Projects& Parts, Vintage BMX bikes too |
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Location: southern California
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think OJ Simpson,
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Hugh |
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I just recently completed a 16 hour CCW ( concealed carry weapon ) class. About 14 hours covered all kinds of these situations. Based on what I just learned, Zimmerman should be convicted simply because he didn't listen to the 911 dispatcher and followed & confronted the suspect. Zimmerman should have retreated and waited for the police.
After completing this CCW class, I'm not so sure I'm going to continue to seek a CCW permit. Seems like waaay to much responsibility just having a weapon. 1973 911 T MFI Coupe, Aubergine Steve |
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For the criminal case..the standard is guilt beyond reasonable doubt. For a civil case, it is a preponderance of the evidence. Sometimes a civil case just ends up being a pity or popularity contest.
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74 Targa 3.0, 89 Carrera, 04 Cayenne Turbo http://www.pelicanparts.com/gallery/fintstone/ "The problem with socialism is that you eventually run out of other people's money" Some are born free. Some have freedom thrust upon them. Others simply surrender |
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Join Date: May 2006
Location: Dana Point, Ca
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In a civil case can all the evidence suppressed in the criminal case come out?
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Depends on the judge. Different judge, different rules. Not that it really matters. The civil court goes after money...and Zimmerman apparently does not have any. If I were Zimmerman and was found not guilty, I would go after Martins parents in civil court...maybe he can get the settlement money they got from blackmailing the Condo assoc. He probably has grounds to sue the state as well.
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drunk and stupid
Join Date: Jan 2009
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I suspect, if Zimmerman walks, that his lawyers will sue everyone. Martins parents, the condo association, the state, various media outlets.........
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You may well be right that Zimmerman should have retreated, but the decision he made was not illegal. If Trayvon decided to jump Zimmerman and tried to kill him by bashing his head into the pavement, that would be illegal, assuming that Zimmerman wasn't walking around with his gun drawn. I have heard no evidence to suggest that.
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GAFB
Join Date: Dec 1999
Location: Raleigh, NC, USA
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Not sure if FL has a similar statute on the books. Zim makes for an interesting case if there is such a statute down there. IMHO, he will probably be found not guilty of criminal charges. However, also IMHO, the entire situation was completely avoidable - Zim shares culpability with Martin for touching off a charged encounter that led to a death and a destroyed life. Did he try to retreat? I think the jury will decide he did. Did he feel his life was in imminent danger? I think the jury will decide he did. However - there's a subtle difference in the civil proceedings in a wrongful death charge. It might be argued in a civil proceeding that Zim's piss-poor judgment led to Martin's death - though I'm not a lawyer in FL or anywhere else and I don't know what Martin's contributory negligence would do to such a case. Depending on the outcome of the criminal case, it may give lawmakers in many states a lot of food for thought in crafting future CCW regs.
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Regarding the poll, a lot will depend on the decisions by the judge and the prosecution as to whether conviction on lesser charges will be allowed. If the prosecution chooses to hold fast to a second degree murder charge, effectively overcharging the crime, IMO, a la Casey Anthony, then the jury may likely vote not guilty. However, if the jury has the ability to vote guilty to a lesser charge, say negligent homicide, then they may very well vote guilty.
As previously posted, guilt or innocence in a criminal trial has no bearing on whether or not one is subject to a second, civil trial. Two separate venues--civil and criminal--so trials in each is not double jeopardy. Again, standards for guilt are completely different (preponderance of guilt vs beyond reasonable doubt), evidentiary rules are looser, as is the need for a unanimous vote by the jury--civil trials do not require unanimity. Zimmerman has a very weak position to ever file a civil claim from the evidence known, so far. The Martin family has every right to question why the police never fully investigated the initial shooting, what's the ground for a civil suit?. The police and DA have the right/obligation to open an investigation if there is probable cause, and if evidence is found, the DA's job is to file charges if it's believed a crime has been committed. The press, well that's the 1st Amendment. The Martin family, on the other hand, may very well file a civil claim against Zimmerman even if, or especially if, he is found not guilty. A lot will depend on who their civil attorneys are, IMO.
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GAFB
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I think Zimmerman has plenty of reason to sue the state. Clearly the only reason this is going to trial is politics and publicity. There was never a shred of evidence and then the state reopened, releasing selective information that was clearly intended to defame Zimmerman even though they knew it was not accurate. They made Zimmerman a victim twice. On e when he was attacked and beaten by Martin and again when they destroyed his life in public forum.
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