Quote:
Originally Posted by john70t
How can an individual be cleared by an official court of law, but then convicted in the same matter?
Isn't that double-jepordy? (sp)
|
NC thinks so. In many cases, CCW holders are quickly cleared in criminal investigations, but drained of resources in civil proceedings (even if they win). In NC, a CCW holder cleared of criminal wrongdoing in a lawful shooting cannot be taken to civil court. This is a relatively recent development that I believe was a part of our CCW overhaul from a couple years ago (great common sense legislation for once, but a topic for another thread).
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.