Posted on 06/11/2012 8:37:12 AM PDT by Aunt Polgara
The nation's fixation on the shooting death of 17-year-old Trayvon Martin has led many to question whether an impartial jury could be found for the trial of his killer, George Zimmerman.
But it's possible a judge, not a jury, will decide Zimmerman's fate. He says he fired in self-defense, and many expect his lawyers will eventually ask for an immunity hearing under Florida's controversial "stand your ground" law.
Often described as a "minitrial" in which the burden of proof is on the defense and the judge serves as jury, such hearings are unlike other criminal-justice proceedings.
The lawyers' roles are reversed, the burden of proof is low, and the stakes couldn't be higher.
"If the judge dismisses the case, it's game over," says Eric Schwartzreich, a Fort Lauderdale attorney who has represented multiple "stand your ground" defendants since the law was passed in 2005.
Since the Trayvon Martin shooting, the law has been the subject of renewed debate. A task force created by Gov. Rick Scott to re-examine "stand your ground" will hold its first public meeting this week.
The law allows civilians to use deadly force anywhere they're legally allowed to be, so long as they are not committing a crime and have a reasonable fear of death or serious injury.
Even if immunity from prosecution isn't granted, the hearings can have value for defense lawyers, Schwartzreich said. They can test their theories, their witnesses and often, their client in a courtroom.
(Excerpt) Read more at articles.orlandosentinel.com ...
SYG does not apply in this case. Nobody who understands that law believes it does.
Perhaps anothewr reason why the thogocracy will have a contract deliver on George while in custody?
Perhaps anothewr reason why the thogocracy will have a contract delivered on George while in custody?
Unfortunately this judge is no way going to even consider letting George walk on Stand Your Ground.
He will put on a charade as if he is considering it, but he will in no way do so, and for all the wrong reasons.
I hope/pray to be proven wrong!! Please Lord may I be wrong
Why not?
HORSE HOCKEY! However I believe the judge will decide against George, but only for political unethical reasons.
The legal Scholars I listen to believe George has a great case for stand your ground!
It would take enormous courage...courage that,IMO,99% of Americans lack (me included)...for a judge to dismiss the charges.Even though a judge might be inclined to do so ordinarily,it won't happen *here*.
The scary part about a jury in a political case is that quite often the outcome is determined after jury selection, even before the evidence is heard.
Black “leaders” and the media don't give a crap about Trayvon or any other young black being murdered. They and the president have the same policy...shame and punish white American. They're doing it culturally and economically.
The only people who bring it up are those who want to repeal it. It hasn’t been claimed nor has it been even suggested by anyone other than those who would have it destroyed. The Left doesn’t like it so the MSM trumpets their cause like obedient servants...............
The SYG law, in addition to "stand your ground," created the opportunity to have a self-defense hearing ahead of the trial, rather than forcing the crime victim to go through the agony and expense of a trial in order to prove self-defense. This is what they're talking about - they're using SYG as shorthand, in effect.
Jury selection will determine the outcome.The prosecution will want a jury that has a collective IQ equal to,or below,that of the infamous OJ jury.The defense will want just the opposite.If either side strikes out during jury selection the other side will win.If both sides do their job well a hung jury is the only conceivable outcome.
In this case it wouldn’t help. A dismissal on SYG would most likely result in Zimmerman facing Federal Civil Rights charges. Unless the hearing is postponed to 2013, and Romney wins the election.
Thanks for pointing this out.
Such a hearing is applicable to any claim of self-defense, not just one based specifically on the SYG law.
Glad to know that.
I can pin you down and proceed to bash your brains out.
I require you to lay there and take it.
Don’t hurt me.......
If the judge rules it was self-defense, can the State appeal this decision, or is it game over?
“why not?”
Zimmermans case is straightforward self-defense. Florida’s SYG law has nothing to do with what happened, and using it makes a simple case complicated.
Neither.
The unwashed mob, the MSM, the White Hut, the hags on "The View", and the race industry have already decided for us.
They know what's best for you. Don't forget your place, cracker.
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