Justice for Zimmerman

Tuco · Jul 5, 2013

Iannis_sl said:
How much responsibility does Zimmerman bear in bringing that gun?

I'd say none if he was lawfully carrying the gun.

BoldW · Jul 5, 2013

I don't think George bears any responsibility for bringing the gun, or it being some catalyst. He was 100% within his legal right to be carrying the firearm. Given he was a wanna-be cop, he was probably very careful with it's care and use like any police officer would be. He didn't have his weapon out as he was following Martin around playing commando or anything. The only time he took it out is when he was fearing for his life. He then used it. Once. He didn't unload on Martin screaming Die, N*GGER, DIE!!!.

Chukzombi · Jul 5, 2013

if they had any balls they would admit they have no case and are idiots so they are dropping all charges

hodj · Jul 5, 2013

Judge, Defense and witness just got in a yelling match.

Chukzombi · Jul 5, 2013

so how does one call for a mistrial? does the judge decide there is one or does the defense have to ask for it first?

TrollfaceDeux · Jul 5, 2013

i am fell asleep.

Tanoomba · Jul 5, 2013

foddon_sl said:
This is a good point. So, once Zimmerman had control of the gun is he allowed to shoot Martin when the only reason he feared for his life was Martin getting control of the gun? Does Zimmerman's version of the story have Martin trying to wrestle the gun from him after it's in his control? Does that matter?

Also, after Martin allegedly completely physically dominated Zimmerman and was beating him down, wouldn't you think he'd be able to also get the gun if he was trying to get it BEFORE Zimmerman? How would Zimmerman even notice him looking at his gun if he's getting his head bashed into the ground?

You just did a better job than the actual prosecution team.

Bows · Jul 5, 2013

Maester Chuk_sl said:
so how does one call for a mistrial? does the judge decide there is one or does the defense have to ask for it first?

From my reading I believe that after the state rests, the jury will be dismissed and the defense will call for a mistrial and cite whatever reasons/evidence they can. Based on how biased this judge has been, I do not expect a mistrial to occur.

Cad · Jul 5, 2013

Maester Chuk_sl said:
so how does one call for a mistrial? does the judge decide there is one or does the defense have to ask for it first?

Defense can ask or judge can declare it sua sponte. She won't, she's pretty clearly going to let this thing go to verdict, and I'll tell you why.

Its so obviously going to be an acquittal, that she doesn't want to make decisions pro-defense that will cause responsibility to be on her. Its not fair, but its how judges think.

iannis · Jul 5, 2013

Tuco_sl said:
I'd say none if he was lawfully carrying the gun.

Yeah, and you're not wrong. But a liscence to carry isn't a liscence to kill and I do think you should ask the question every single time, even when the answer is even more obvious than it is here.

TrollfaceDeux · Jul 5, 2013

Iannis_sl said:
Yeah, and you're not wrong. But a liscence to carry isn't a liscence to kill and I do think you should ask the question every single time, even when the answer is even more obvious than it is here.

Did Zimmerman shoot in hopes that it will protect him or it will kill him? How does he make a rapid decision in the heat of the moment after, according to testimonies, he got his head banged to the concrete repeatedly? Should such conditions be considered when considering self-defense?

Arbitrary · Jul 5, 2013

Cad_sl said:
Its so obviously going to be an acquittal, that she doesn't want to make decisions pro-defense that will cause responsibility to be on her. Its not fair, but its how judges think.

Although I found you grating in the years past I've really grown to like you, Cad. Quality infos for days about this shit.

Just wanted you to know.

Tuco · Jul 5, 2013

Cad_sl said:
Defense can ask or judge can declare it sua sponte. She won't, she's pretty clearly going to let this thing go to verdict, and I'll tell you why.

Its so obviously going to be an acquittal, that she doesn't want to make decisions pro-defense that will cause responsibility to be on her. Its not fair, but its how judges think.

If the judge declares it a mistrial does that mean that GZ could have to do this shit all over again?

Cad · Jul 5, 2013

Tuco_sl said:
If the judge declares it a mistrial does that mean that GZ could have to do this shit all over again?

Yup

Laedrun · Jul 5, 2013

"intermerrraaaa" this guy's a fucking attorney?

Jait · Jul 5, 2013

Tuco_sl said:
If the judge declares it a mistrial does that mean that GZ could have to do this shit all over again?

In California only if the evidence supports a second trial.

IE They have to be able to say this was an aberration and we can get a verdict with another jury.

edit: If there's a mistrial I would imagine it's not going to be hard for the defense to argue there's no way you can get a fair trial twice. Has there ever been a high publicity case tried twice after a mistrial?

vGrade · Jul 5, 2013

Cad_sl said:
Yup

A mistrial in a criminal prosecution may prevent retrial under the Double Jeopardy provision of the Fifth Amendment, which prohibits an individual from being tried twice for the same offense, unless required by the interests of justice and depending on which party moved for the mistrial. Typically, there is no bar to a retrial if the defendant requests or consents to a mistrial. A retrial may be barred if the court grants a mistrial without the defendant's consent, or over his objection. If the mistrial results from judicial or prosecutorial misconduct, a retrial will be barred. In United States v. Jorn, 400 U.S. 470, 91 S. Ct. 547, 27 L. Ed. 2d 543 (1971), the Supreme Court held that reprosecuting the defendant would constitute double jeopardy because the judge had abused his discretion in declaring a mistrial. On his own motion, the judge had declared a mistrial to enable government witnesses to consult with their own attorneys.

Chukzombi · Jul 5, 2013

thanks cad. thats what i figured

Iannis_sl said:
Yeah, and you're not wrong. But a license to carry isn't a license to kill and I do think you should ask the question every single time, even when the answer is even more obvious than it is here.

its a license to carry, but its also not a license just to have as a placebo. they let you carry in the chance that you are attacked and you use it to defend yourself. which is the case right here.

Cad · Jul 5, 2013

vGrade_sl said:
A mistrial in a criminal prosecution may prevent retrial under the Double Jeopardy provision of the Fifth Amendment, which prohibits an individual from being tried twice for the same offense, unless required by the interests of justice and depending on which party moved for the mistrial. Typically, there is no bar to a retrial if the defendant requests or consents to a mistrial. A retrial may be barred if the court grants a mistrial without the defendant's consent, or over his objection. If the mistrial results from judicial or prosecutorial misconduct, a retrial will be barred. In United States v. Jorn, 400 U.S. 470, 91 S. Ct. 547, 27 L. Ed. 2d 543 (1971), the Supreme Court held that reprosecuting the defendant would constitute double jeopardy because the judge had abused his discretion in declaring a mistrial. On his own motion, the judge had declared a mistrial to enable government witnesses to consult with their own attorneys.

Abuse of discretion is a huge bar, the example cited is obviously a huge WTF.

Judicial and prosecutorial misconduct are also high bars. Blatantly lying to the judge isn't prosecutorial misconduct in many cases.

Noodleface · Jul 5, 2013

If they tried to put me through a second trial I'd probably go on a murdering spree so there was irrefutable evidence.

Justice for Zimmerman

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