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#1 |
Playmaker
Join Date: Mar 2007
Location: close to the edge
Posts: 4,926
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Re: Trayvon Martin Case
whether a dispatcher's instruction is an official order or martin's past history or zimmerman's past dispatch calls, etc are all immaterial imo and you all are getting lost in the sauce to the central issue:
Was zimmerman in actual and reasonable fear for his life? EMT said zimmerman's injuries werent life threatening. having injuries that would make you "concerned for your medical safety" doesnt rise to the level of life threatening injuries imo. you cant shoot someone because you are losing a fist fight. the prosecutions apparent inability to draw a clear picture and the defense attorney's ability to color outside the lines has made for an unclear picture .... so i havent seen anything to change my mind that its going to be man 1. but i have been paying attention to this thread about the trial and not the actual trial so my opinion is gut instinct.
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#2 |
Contains football related knowledge
Join Date: Mar 2004
Location: Second Star On The Right
Age: 62
Posts: 10,401
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Re: Trayvon Martin Case
It's death or great bodily harm.
EMT said that a person on their back with GZ's injuries would "probably" be in "fear for their medical safety". Direct evidence that he was on the ground with Martin on top with "flailing arms", had a blood running down his throat, evidence of his head striking the concrete more than once (certainly no conclusive evidence it ONLY struck once - assumptions go to GZ favor), no visible injuries to TM evidencing even a single blow landed by GZ and GZ screaming for help. Again, a perfectly reasonable inference - to me - is that he wasn't "losing a fight", he was being given a beat down with reckless abandon with no help in sight. To me, if true, sounds like reasonable fear of great bodily harm. And to be fair, both sides colored outside the lines.
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#3 |
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Re: Trayvon Martin Case
Again, I am not saying your interpretation of the key moment is unreasonable OMT. It is certainly one take. Given the evidence and the need for more than one or two, less than airtight inferences (deer standing with tracks leading to it example), however, I think the presumption of innocence is a burden the prosecution just can't overcome beyond a reasonable doubt in this case.
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#4 |
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Re: Trayvon Martin Case
Also, I absolutely agree with you OMT - at the moment he fired the gun, it is manslaughter if he is not reasonably in fear of his life or great bodily harm.
It is the State (and saden1 and chico and others) saying the initial act of following is what evidences the necessary intent for manslaughter.
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#5 |
Registered User
Join Date: Mar 2012
Posts: 624
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Re: Trayvon Martin Case
Well I guess we can stop crying over Sean Taylor's death using your twisted (legal) logic. Clearly Sean was killed by the intruders who feared their own lives.
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#6 |
Warpath Hall of Fame
Join Date: Mar 2009
Posts: 34,850
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Re: Trayvon Martin Case
killing someone in the commission of a felony (B&E, home invasion, robbery) is a way different situation. not comparable
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#7 |
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Re: Trayvon Martin Case
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#8 |
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Re: Trayvon Martin Case
If Sean would have killed them, than Stand your ground would have applied. Threshold of law is usually the doorway, window...once someone comes in your household without permission and intent to harm, they are fair game to be killed.
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#9 |
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Pretty much. Except "and intent to harm" isn't needed. It is presumed someone breaking into your home has an "intent to harm".
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#10 |
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Join Date: Mar 2012
Posts: 624
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Re: Trayvon Martin Case
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#11 | |
Warpath Hall of Fame
Join Date: Mar 2009
Posts: 34,850
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Re: Trayvon Martin Case
Quote:
I tell you what interesting is confusion around someone in your yard and taking property. In Va you cant shoot and kill someone in breaking into/stealing your car or stealing property out the yard. But I want to say thats different around the country. In some states i think you can. Not sure I could be the one confused...
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#12 | |
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Quote:
Pitchforks and torches are so much easier and require much less thought.
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#13 |
Contains football related knowledge
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Really? You realize he wasn't even charged with that? That even the prosecution didn't once allege that's what he was doing?
Got your lynching rope all ready to go I take it.
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#14 |
Registered User
Join Date: Mar 2012
Posts: 624
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Re: Trayvon Martin Case
Well since you guys are so smart, play nigg-- I mean devil's advocate and defend Martin's case. You guys got OJ off the first time right? Or were you guys mad at that because he was black. The truth is, if Zimmerman was a gung-ho black wannabe cop who killed a white kid in the same scenario he would have be, tried, found guilty of murder, and executed the same day. Dead giveaway, dead giveaway...
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#15 | |
Warpath Hall of Fame
Join Date: Mar 2009
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Re: Trayvon Martin Case
Quote:
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