Why Trayvon Martin's Case May Not Go To A Jury

South Florida Criminal Lawyers Blog ^ | 13 April 2012 | Kevin Moot

[Sherman Logan]

If it was lawful for Martin to bash Zimmerman's head against the concrete sidewalk, it was either because he was offended by seeing Zimmerman watching him (several minutes earlier) or he was offended by something Zimmerman said in their conversation.

Those scenarios are possible. It is also possible Zimmerman physically attacked Martin, perhaps with a drawn gun and Martin was physically defending himself as best he could.

My point is that all any of us have at this point are various stories as reported by the press. Sort of the ultimate in hearsay as relayed by a biased person.

None of this, AFAIK, is sworn testimony and none has been subjected to cross-examination.So it is more than a little premature to go around saying WHAT HAPPENED. For anybody.

[Alberta's Child]

There's a big difference between being sued and being held liable after all is said and done. There's nothing under the law -- including the "Stand Your Ground" and "Castle Doctrine" principles -- that prevents Martin's family from going down to the county courthouse tomorrow and filing a civil lawsuit against Zimmerman.

How the case ends up up being adjudicated is a whole different matter, and I'll venture to guess that it would be years before all of the motions and appeals work their way through the system. It's also unlikely that any civil trial would proceed (or even a lawsuit filed in the first place) until the criminal proceedings are done.

[Gritty]

Let Zimmerman off?

Oh, my...

[PapaBear3625]

Cars will burn. People will die.

Hopefully, Florida's middle-class is well enough armed that most of the dying will be the rioters.

[Las Vegas Ron]

This may be one of the rare cases where a bench trial might give the defendant a better chance of winning an outright acquittal than a jury trial.

Never in a million years would I take that chance.

You would trust ONE man/woman to judge your fate with the kind of pressures they would be under?

At least the jury can remain anonymous.....IF, you could get a fair one.

[Lancey Howard]

...if George Zimmerman can convince a judge that he acted justifiably

This guy is on LSD if he thinks there is a judge anywhere with the balls to be "convinced".
Not happening. This case is toxic; it's a hot potato that is going to be handed off to somebody else whenever possible.

[freedomrings69]

condo communities carry liability insurance. There is your deep pocket.

[Las Vegas Ron]

This case is toxic;

Yep, this is the ultimate perversion of a free Country.

This case under "free press" has been so polluted that the truth, no matter what it is, will never prevail.

Freedom's just another word for nothing left to lose...

[The Wizard]

I wish Jorge the best

[little jeremiah]

Let them take to the streets. Maybe some of them will get some travyon-justice too.

[takenoprisoner]

If not if Florida, it will go to trial. In steps Holder, and Sharpton.

[FrdmLvr]

Which is what I understand from yet another article, that that was why Treyvon’s mom wanted an arrest. She didn’t want a conviction, she wanted an arrest so she could bring a civil law suit (big $). I also understand that she’s already filed for the trademark on the name Treyvon Martin so the proceeds from sales of merchandise bearing his name will go to her.

[winkadink]

People make their choices as to whether they should burn cars, riot, kill people. Each person is responsible for the decisions (s)he makes. I choose to follow the law of our land and not burn cars or kill people.

[Fido969]

If he is released based on the SYGL, then the press will just launch a simple-minded attack on those laws.

[Mike Darancette]

All he has to do is convince a judge, by a preponderance of the evidence, that he acted in justifiable self-defense.

At the hearing the prosecution will have to show way more than they have up till now and the local cops will probably be called in as witnesses (at least deposed) for the defense.

[Defiant]

The prosecution would insist on a jury because they know that they will have blacks on the jury no matter what and so their worst case scenario is a hung jury. Whereas with a judge, they risk an acquittal.

[ClayinVA]

sometimes, you have to make a stand. Too many people in the Country are intimidated by just an unruly mob.

[M1911A1]

What concerns me the most is how much Zimmerman has been talking to the authorities with no attorney present. Any inconsistency, misstatement or exaggeration will be used to call his version of events in to question.

He could be totally forthright and cooperative, and still say something that puts him in serious legal jeopardy.

[mtrott]

“At least the jury can remain anonymous.....IF, you could get a fair one.”

My question is, in light of Florida’s “Sunshine law”, which means the trial will be televised, how can the jury remain anonymous? Do the cameras not show the jury?

[ironman]

“What concerns me the most is how much Zimmerman has been talking to the authorities with no attorney present”

It was not smart to give a statement the night of the incident with out attorney present. I have not been able to verify whether he had a legal advisor with him the next day when he reenacted what happened at the scene.