Can Cops Arrest George Zimmerman for Murder in Trayvon Martin Case?

Opposingviews ^ | 24 March, 2012 | Eugene Volokh

[marktwain]

To arrest someone for a crime, the police need probable cause to believe that he committed the crime. But what if it’s clear that the person committed the act (e.g., intentionally killed someone), but it seems likely that he has a good affirmative defense (e.g., self-defense)? My view is that probable cause should be probable cause to believe that the conduct was indeed criminal, and if the self-defense case is strong enough, that negates probable cause to believe that a crime (as opposed to a justifiable homicide) was committed. But when I looked into this several years ago, I saw that the few courts that had discussed the matter were split.

Florida law, though, clearly resolves this: “A law enforcement agency … may not arrest [a] person for using force [in a self-defense situation] unless it determines that there is probable cause that the force that was used was unlawful.”

So in Florida, the police must have probable cause to believe that the defendant wasn’t acting in lawful self-defense in order to arrest the defendant. It’s not enough to say, “we have probable cause to believe that you killed the victim, so we’ll arrest you and then sort out later how strong your self-defense case is.”

I can’t speak with confidence to whether in the Martin/Zimmerman case the police indeed have such probable cause (which, as you may recall, is a not very clearly defined standard that is well below proof beyond a reasonable doubt, and probably somewhat below preponderance of the evidence).

[DuncanWaring]

That’s the only one I’m aware of.

[Ratman83]

Well it does not address the claim made by org.whodat

[Dead Corpse]

You initiated the use of physical force. Just like Trayvon, you also lose the right to continue breathing.

And no, some guy asking you "What are you doing here?" does not justify use of physical force. Being asked a question is not "assault".

[DuncanWaring]

Well, just because org.whodat says something doesn’t make it true.

[Grizzled Bear]

...he deserves all the abuse he gets. I’ve never seen him get on a thread except for the purpose of being nasty and taking an opposite point of view.

Back when they let Michael Vick back into football, org called anyone who disapproved "skinheads." Ever since then I pegged him as a racebaiting butt sniffer.

[Candor7]

Where did you hear Martin was shot in the back? >>>>>>>>>>

Its being touted as fact on Daily KOS.

I doubt the police would have releases Zimmermann if that had been the case.

The true facts in this case have long ceased to matter much.

Its a racial politics show trial.Its designed to infuriate Obamas street gangs in the run up to the election. Obama and his cousin Odinga pulled the same stunt in Kenya in 2007.

See:

http://www.theobamafile.com/ObamaAfrica.htm

Scroll down to Odinga Unleashes Hell.

[Ratman83]

That is why I asked him for a link to the police report he refered to.