The police released him right away, so I don't think a very thorough investigation could have occurred. If he had been arrested (plenty of probable cause was present for an arrest), then the issue thoroughly investigated, and from there the prosecutor decided to not press charges, I'd have been OK with that. That's not how it went, though.
Why would that have legal consequence for Zimmerman being justified in likewise defending himself? I would expect if TM had killed Zimmerman, he too may have not been convicted...which is not unreasonable. Right?I believe that Martin was justified in using lethal force against Zimmerman
The fact that he called 911 about it and stayed on the line with them, and he was neighborhood watch, and appeared beat up consistent with his description of events, don't see a lot of probable cause, personally, but OK. That's more than just "his word", that's independently verifiable evidence (911, injuries, potentially eye witnesses?) , consistent with the neighborhood watch story. When someone is killed I would hope the threshold for investigation is higher than say, a petty crime, though, obviously. But not so high that we start asking for witch hunts and punishing the person who was (potentially) the victim. I don't know where this one falls, just was curious, thanks.
You've already admitted you have arbitrarily rejected evidence, so I'm not really sure why you keep trying to pretend I don't know the evidence. it's kind of odd, actually.
My perosnal feelings have nothing to do with my positions. :shrug:
Then why have you continually tried to pretend otherwise in this debate?
Key part in bold. The burden of proof is a trial issue, not a cop issue.
I don't feel that justice was served, but for a very different reason than what you have been assuming. I don't necessarily disagree with the verdict that was rendered in the trial. Given the prosecutions case against Zimmerman, that verdict was essentially a given. Where I think justice wasn't served was in how the prosecution handled the case. I would have handled the case as I have described, and because of the logic I have presented, I believe that Martin was justified in using lethal force against Zimmerman. Since the approach I have outlined was not employed by the prosecution, we'll never know whether or not my case against Zimmerman would have yielded a conviction or not. So be it. But judging by the fact that the jurors appear to have agreed that Zimmerman had done something wrong, yet felt they couldn't support the prosecutions claims, I think my argument would have had a better chance at success than the one that was actually given did.
That's why your repeated claims about the acquittal proving his innocence are irrelevant to the debate we are actually having. I am in disagreement with the prosecutions handling of the case. My position is about what the prosecution should have argued, not about what they did argue. I think the prosecution failed miserably.
No I didn't. I rejected Dee Dee's testimony for being caught in too many lies. Nothing even remotely arbitrary about that. Credibility is important.
As for your feelings, well I am just going by your posts.
Here's an idea... Why don't you leave my thoughts together and stop responding to each one out of context.
See note above.
It is a "cop" issue initially. DA's don't work the street.
Again as I said based on everything your defence does not apply in any way. According to Martins actions as I have pointed out, no one... The prosecutor's, witnesses other than discredited Dee Dee thought Martin was scared. He had subdued Zimmerman and continued to beat him after he, not Martin was screaming for help. The evidence states clearly your fight or flight theory does not apply as Martin had almost 5 minutes to call police or flee. Instead he circled back (which in Florida is considered a wave of self defence) giving up in that moment any right to any kind of self defence as shown in the cases I submitted. We then have to take Zimmerman's words that Martin struck him in the nose knocking him to the ground. He would be considered culpable by coming back to confront Zimmerman.
Your claim of self defence for Martin would not fly the moment he went back to confront Zimmerman.
There is no evidence from witnesses or the 911 call that Zimmerman followed Martin but rather headed for his car.
Thinking someone may have stolen something means he was going to SHOOT them? I think that's extreme personally. Yet if you'd been the cop, and game to the conclusion that it was appropriate to arrest him, in reality that too may have been OK. Both may be acceptable choices IMO, each person has a different set of, and perspective on, facts. Do you accept that there is a range of acceptable choices the cop may have made in that position, that may result in different outcomes but both may be acceptable in pursuit of justice? I think I see this all the time in managing. Once I delegate something, if I look only at the outcome it's not necessarily appropriate in judging their decision as being good or bad (yes results matter, but in a no win scenario punishment may not be productive). Nor is judging their decision as wrong based on the fact that I'd have chosen otherwise. Others have their own way of doing things, and within some reasonable bounds, they are granted that authority to act. That's kind of the point of delegation. As a society we delegate these dramatic, profound roles to others, and sure we may have made other choices if we choose to armchair quarterback it, or micromanage, but it's not necessarily appropriate.Ah, but in his 911 call he already had "convicted" the kid of committing a crime and sounded like he was hell-bent on preventing one of "those assholes" form getting away again (purely based on his tone of voice and inflections). That's more than enough to cast doubt on his claims. When there's any doubt on a self-defense claim, it's a trial issue, not something the cops unilaterally decide.
Thinking someone may have stolen something means he was going to SHOOT them?
No, but ascribing guilt to a person and then expressing distress over a perceived lack of justice in previous instances coupled with the fact that he actually DID shoot someone casts doubt on to his story that it was purely self-defense.
He didn't think Martin MAY HAVE stole something, he assumed that Martin was actually Guilty of committing a crime and that he was going to "get away". That's a big difference from merely being suspicious.
I can see your point. I just don't think it's reasonable to conclude he would have been on the 911 call all the while, and would have thought shooting someone guilty of some break in previously, was justice. But again, I'm OK with both decisions as being justified, and as a result would consider in either case, justice being served. You want to restrict it to your specific case as being the only appropriate choice (when only those two are being discussed).
Also, on why prosecution did what it did, consider that the prosecution may have backed off certain avenues of attack because if they had, it may have opened them up to similar examination of TM, and they may have made a calculated choice that it would be more damaging to take that route (given what they knew was available about TM), rather than pursue it. From our perspective it can look like they missed an opportunity. From their perspective, having more information, they may have known it would have benefited Zimmerman more.
They took the shooter's word for it because they had nothing to DISPROVE the shooters word. All of their evidence was aligned WITH the "shooter's" word.They failed to prove their case.
They took the shooter's word for it, thus bypassing the justice system.
Nonsense. I am of the belief that an affirmative defense, such as insanity or self-defense, is a trial defense. I also believe that the police should not simply take the shooters word for it that a homicide was self-defense. I believe the justice system is set up for exactly that reason. The race of the participants means nothing to me. It's not sour grapes at all. :shrug:
The police released him right away, so I don't think a very thorough investigation could have occurred. If he had been arrested (plenty of probable cause was present for an arrest), then the issue thoroughly investigated, and from there the prosecutor decided to not press charges, I'd have been OK with that. That's not how it went, though.
They took the shooter's word for it because they had nothing to DISPROVE the shooters word. All of their evidence was aligned WITH the "shooter's" word.
So you believe that a person should be forced to attempt to prove their innocence with more than just their own word in any case where they defended themselves?
Even Probable Cause has to defeat a claim of self defense at that stage.
To have probable cause one has to have sufficient evidence to show that the individual being charged "More likely than not" committed the crime.
It's an affirmative defense, so they need to provide evidence of it, yes. That's how the court system works. Are you saying that you, as a police officer, have let people go simply because they told you they were innocent and you couldn't prove them wrong immediately?
He admitted to killing Martin. It's not the cops job to determine whether or not his trial defense is accurate.
When did cops begin to need proof against a self-defense claim in order to make an arrest?
Hell, they can arrest someone who didn't even do anything without any actual evidence that they did, so when did this fancy new rule come into effect?
Ummm.. Yes.
Was I supposed to arrest someone... on what charge? And with what probable cause?
You know... probable cause is that thing that you have to have in order to make an arrest of someone........
That is TV bull****.
People can't be arrested without probable cause of a crime.
Self Defense is a justified killing.
And a corpse and admition is not probable cause in your world. Got it.
Holy ****. This just fails at English.
Self defense is not a justified killing. It's a justification for killing. Justification. Do you know what that word means?
Holy ****. This just fails at English. When you admit something, you do not make an "admition". Do you know how to spell that correctly?
Fair enough. I spelled a word wrong. I should be shot.
However, that does not negate the fact that his failure at English is far more of an ass-rape than a mere spelling error.
Murder. There was a corpse, you know. The guy DID admit to shooting the other person.
Are you really telling me that you are totally oblivious ot the fac tthat people can be held for 72 hours without charges being filed for EXACTLY this kind of situation? You must have been one ****ty cop if you didn't know that.
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