View Single Post
ossiblue ossiblue is offline
Registered
 
Join Date: Oct 2005
Location: Capistrano Beach, Ca.
Posts: 7,235
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.
__________________
L.J.
Recovering Porsche-holic
Gave up trying to stay clean
Stabilized on a Pelican I.V. drip
Old 05-30-2013, 08:19 AM
  Pelican Parts Catalog | Tech Articles | Promos & Specials    Reply With Quote #17 (permalink)