Posted on 08/09/2012 9:35:57 AM PDT by 2ndDivisionVet
George Zimmerman, accused in the shooting death of Florida teen Trayvon Martin, could be cleared of a second-degree murder charge if a judge rules in his favor in a new "Stand Your Ground" hearing.
Zimmerman's defense attorney Mark O'Mara announced on his website Thursday that there will be a "Stand Your Ground" hearing based on his client's claim he shot the unarmed teen in self-defense. A finding in Zimmerman's favor would end the criminal case against him, as well as immunizing him from civil action.
"Now that the State has released the majority of their discovery, the defense asserts that there is clear support for a strong claim of self-defense. Consistent with this claim of self-defense, there will be a 'Stand Your Ground' hearing," said O'Mara in a statement....
(Excerpt) Read more at foxnews.com ...
Don’t bet on it. The judge is in the bag, and he’ll have no problem ruling against Zimmerman regardless.
Not exactly. It goes further. While I don't know the specifics of the law state to state as many states now have a form of it, the significance of "Stand your Ground" laws is that it protects a citizen in any circumstance against prosecution where lethal force is used in self defense. They specifically abolish a requirement to retreat in any circumstance when threatened, hence the name "Stand Your Ground."
The courts have always recognized a citizens right to defend themselves with lethal force in the home or in their car when faced with an imminent threat. Laws often trapped citizens because they had to prove what they thought about an attackers intentions (just give them your wallet and you wouldn't have been harmed for example). Then citizens were prosecuted on the decisions they made based on what they should have thought immediately following initiation of the event. Prosecutors argued that they acted before they knew whether the perp had a weapon for example. "Stand Your Ground" makes self defense more objective and less subjective.
This case is relatively unique in that GZ's actions as an attentive citizen led to the confrontation that resulted in the necessary use of deadly force. Had GZ ignored the suspicious individual and went on his way, there would have been no confrontation. But GZ did nothing illegal and should therefore not be responsible for TM's death.
Not so under the protection of "Stand Your Ground" laws. You can stand your ground in any circumstance in which you are legitamatly faced with a threat of harm or death.
ping for your insight
Rat tactics don't always work.
I can't predict if riots will swing the election for or against Zero, but I do know the Rats are perfectly willing to have them, and want their base (minorities) offended, and they don't expect the non drone white vote under any circumstances. The drones will always vote Rat.
Nah, they'd easily risk riots.
I looked for, and didn't see a set date for this proceeding- I believe that it will not happen before the election.
Thanks for the clarification, I guess I was wrong. I’m in Ohio, and we have “castle doctrine” which I thought was the same thing. Looks like we need SYG...
Popular votes
Lyndon Johnson's 61.1% to Barry Goldwater's 38.5% in the 1964 presidential election
Franklin D. Roosevelt's 60.8% to Alf Landon's 36.5% in the 1936 presidential election
Richard Nixon's 60.7% to George McGovern's 37.5% in the 1972 presidential election
Warren Harding's 60.3% to James M. Cox's 34.1% in the 1920 presidential election
Ronald Reagan's 58.8% to Walter Mondale's 40.6% in the 1984 presidential election
Theodore Roosevelt's 56.4% to Alton B. Parker's 37.6% in the 1904 presidential election
Electoral votes
James Monroe's 231 electoral votes to John Quincy Adams's 1 electoral vote in 1820. (99.2% margin)
Franklin D. Roosevelt's 523 electoral votes to Alf Landon's 8 electoral votes in 1936. (97% margin)
Ronald Reagan's 525 electoral votes to Walter Mondale's 13 electoral votes in 1984. (95.2% margin)
Richard Nixon's 520 electoral votes to George McGovern's 17 electoral votes and John Hospers's 1 in 1972. (93.3% margin)
Naaah, you don’t think this kids folks have been riding this whole thing for notoriety or monetary inducements now do ya?
And you don’t think fringe crazy groups may be USING them to further their AGENDAs now do ya?
Shocked I am.
Lest anyone think we here at FR are being inconsiderate or rude of Rats, or the Rat party by referring to them as Rats, let me underline the point that we generally always try to maintain the proper respect for 'Rats by capitalizing the word 'Rat. This gives them their appropriate and well-deserved dignity and reverence to their cause.
I am not a lawyer (Disclaimer). But you might be surprised to find out what all is in your Castle Doctrine. There are many states that have adopted forms of this law as well. This gives citizens to defend their property with lethal force. You no longer have to call the police and quietly watch criminals steel your truck in the driveway. Castle doctrine allows you to confront the perps in defense of your property. If a lethal situation occurs as a result of the encounter and you are forced to defend yourself with lethal force, Castle Doctrine provides justification for your defense (as I understand the law).
It obviously also provides for your defense of your castle (home). But specifically allows you to defend your property.
Did you see that the parents applied to the crime victim' fund in FL?
Additionally, the naming of them as Rats began when they complained and whined about having the letters Rats in their name. They brought it to the attention of FReepers who gladly joined in the fun and it has stuck to this day.
Florida's version of Rodney King.I would like to see George Zimmerman counter sue them for false imprisonment, mental anguish, slander... etc....
I am certain that Alan Deshowitz would love a shot at the prosecutor and Trayvon's parents.
One way or the other, they will find an excuse.
The part of the Stand Your Ground law that says there is no duty to retreat from anyplace you lawfully are does not apply. So, the "stand your ground" part of the Stand Your Ground law is inapplicable.
For reasons unknown to me, people also refer to the statutory immunity for justified use of force in self defense as "stand your ground." I call it immunity. It's wrapped up in the same body of law, Chapter 776 of Florida Statutes, that is commonly referred to as "Stand Your Ground."
Florida criminal law practice allows a person who is charged with the unlawful use of force, to claim the use of force was justified under Chapter 776. This "your use of force was justified" conclusion can be obtained in a hearing before a judge, and even if the judge doesn't grant it, a defendant can assert self defense at trial.
The burden of proof is on defendant to show his use of force was justified. he must produce a preponderance of evidence in favor of self defense. Preponderance means "more likely than not" or roughly 51-49, it was self defense.
If the judge rejects the claim immunity because the force was a justified matter of self defense, defendant can appeal the hearing result. An appellate court will overturn a trial judge, if the trial judge does not have clear and convincing evidence that the use of force was not justified self defense.
Any hearing in this case will come sometime after October 3. I'll be surprised if there is an immunity hearing before next year. All the players are deliberately slow-walking the resolution of the case.
Not happening.
Write it on a rock.
I suspect dems fear this case is draining white working class votes away from dems.
Anyone notice how the MSM has dropped this story?
The MSM - New York Times - and all dropped it because higher ups in Dem PR firms quit feeding them stuff to cover. Liberal elites know it’s a loser - just like gun control - it could cost them votes.
<>A finding in Zimmerman’s favor would end the criminal case against him, as well as immunizing him from civil action.<>
Not only him but the property owners, the HOA and its insurer Travelers. They all have a vested interest in an acquittal at an SYG hearing, because if not then Sybrina and the Crumpers will be coming after them, no matter what happens at a subsequent trial.
This announcement may be connected to Traveler’s filing in federal court to eliminate their liability:
http://www.freerepublic.com/focus/f-bloggers/2915460/posts
leaving the HOA and the property owners on the hook as the turnips that a coming Crump lawsuit will try to squeeze blood out of — if the SYG hearing fails to acquit Zimmerman.
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