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Under Fl. law the police can't arrest a person for using deadly force under syg unless it determines there's probable cause that the force used was unlawful. Whether police received conflicting testimony at the time is debateable. Even if they did, they'd need probable cause to Not Believe gz's account in order to arrest him.
I doubt gz with gun, tm without weapon, is adequate probable cause to arrest.
Bingo someone understands the law and the syg is not even necessary. Simple self defense also applies.
Florida is a right to carry state. If this happened in my state of residence, MD, Zimmerman would have been charged with a gun crime.
Does Trayvon have a Juvy record?
What was this teen doing out buying skittles at 2AM as a minor far from his home while being out suspended from school?
The slimebag who gunned him down was arrested for getting into a brawl with a police officer and was also involved in a domestic violence dispute with a girlfriend. He also defaulted on credit card debt. Notice how the pic you almost always see of Zimmerman is a police mug shot? http://articles.orlandosentinel.com/...family-members
The Feds cannot bring charges of murder, only the hate crime charge. Which is flimsy to nonexistent.
The hate crimes charges are actually recent additions to a long body of existing federal laws that are intended to protect the rights of individuals against abuses of civil rights. You obviously know only a fraction of the potential civil rights laws that could be applied in a case like this. Ironically, it's possible that the investigating authorities themselves might be in greater jeopardy of federal incarceration than Zimmerman. But that's for a court to decide.
My prediction is that the mere presence of the federal authorities will force the state to take action and actually enforce their own laws. There may still be federal charges brought against the police and local authorities if it can be determined that they intentionally decided to act in such a way that deprived Martin and his family of his/their civil liberties.
The Feds cannot bring charges of murder, only the hate crime charge. Which is flimsy to nonexistent.
I never said the Feds would bring a murder charge. Murder is a common law crime that falls exclusively within the jurisdiction of the state. However, the charge of murder can be subsumed into a federal charge such as the "Hate Crimes" statute or RICO. When the Feds go after drug dealers and mobsters for murders, they're typically prosecuting them under the racketeering statutes.
I guess they saw Zimmerman (who is from a family of Hispanic and Black people) being attacked, screaming for help and yelling in pain. It was Zimmerman's voice on the 911 call.
All the phyisical evidence seemed to match what Zimmerman and the witness or witnesses said and that is why he wasn't arrested at this point.
Supposedy Zimmerman said Trayvon had run off, he went back to the car and Trayvon had jumped him.
Anyway, this explains why there was no arrest yet and some may not get the desired outcome in this case.
I think I read Jackson is out there fanning the flames, the New Black Panthers have a dead or alive poster on Zimmerman.
This is not a good situation.
Trayvon was on suspension from school at the time of his death, broke the nose of Zimmerman and cut open his head before Zimmerman shot him.
Does Trayvon have a Juvy record?
What was this teen doing out buying skittles at 2AM as a minor far from his home while being out suspended from school?
I guess they saw Zimmerman (who is from a family of Hispanic and Black people) being attacked, screaming for help and yelling in pain. It was Zimmerman's voice on the 911 call.
All the phyisical evidence seemed to match what Zimmerman and the witness or witnesses said and that is why he wasn't arrested at this point.
Supposedy Zimmerman said Trayvon had run off, he went back to the car and Trayvon had jumped him.
Anyway, this explains why there was no arrest yet and some may not get the desired outcome in this case.
I think I read Jackson is out there fanning the flames, the New Black Panthers have a dead or alive poster on Zimmerman.
This is not a good situation.
Trayvon was on suspension from school at the time of his death, broke the nose of Zimmerman and cut open his head before Zimmerman shot him.
Does Trayvon have a Juvy record?
What was this teen doing out buying skittles at 2AM as a minor far from his home while being out suspended from school?
The leaders and the national media (I'll give some credit to the local media they have reported this case in a more balanced manner) have been irresponsible by jumping to conclusions and reporting this story in a biased fashioned.
The facts are still not all out but folks were calling for firings, hate crime charges, racism etc. The brutal reality here is thus far and probably never there won't be enough evidence to substantiate serious charges against Zimmerman. When that becomes clear the mob already whipped into a frenzy may lash out.
If it does the blame will fall squarely on Obama, Holder, the MSM and various black leaders.
The hate crimes charges are actually recent additions to a long body of existing federal laws that are intended to protect the rights of individuals against abuses of civil rights. You obviously know only a fraction of the potential civil rights laws that could be applied in a case like this. Ironically, it's possible that the investigating authorities themselves might be in greater jeopardy of federal incarceration than Zimmerman. But that's for a court to decide.
My prediction is that the mere presence of the federal authorities will force the state to take action and actually enforce their own laws. There may still be federal charges brought against the police and local authorities if it can be determined that they intentionally decided to act in such a way that deprived Martin and his family of his/their civil liberties.
I disagree and if the mere presence of federal authorities can lead to trumped up charges against an individual or dept. I fear for the future of this country. I truly do.
What gets me about the whole situation is we never hear about senseless black on black murders but a non black kills a black and the world is coming to an end. As a country we are totally screwed until this race crap is no longer an issue.
And who is screaming the loudest? The left wing Democrats, the same people the black community keeps putting in office who are not helping the black people at all. Give people free stuff and they will never question your real motives.
Under Fl. law the police can't arrest a person for [color=black]using deadly force under syg unless it determines there's probable cause that the force used was unlawful.
That's not really accurate. The law states that Florida officers cannot arrest someone for murder unless there is "probable cause." It's really no different than any what exists in any other state, and it's actually designed as a civil liberty protection, pursuant to the U.S. Constitution. However, the term "probable cause" does not mean that states have the right to use "probable cause" to allow one individual to take the life of another without sufficient and commonly-agreed upon cause as circumstances would dictate. States cannot enforce the law in such a way that would allow, say, a lynch mob to attack someone, kill them, and later claim that they killed a person because they felt "threatened" by his response to their initial aggression. Would - not - fly.
Nor does probable cause means that evidence must be necessary to convict a person; it means that evidence exists to bring someone before a tribunal and/or a jury. There absolutely was enough evidence in this case to do that -- that is incontrovertible.
And the federal authorities are not going to let this one go. Federal law does not allow states to write laws in such a way that people can get away with murder. It does not allow local authorities the privilege to decide on their own whether probable cause exists; they have to enforce the laws equally. They have to prosecute equally. Failure to do that at minimum violates the equal protection clause under the 14th Amendment and all of the civil rights laws in the USC that are intended to carry that amendment into effect. I'm not a con-law expert but I have studied constitutional law somewhat extensively, and I know how this works generally. The local authorities in Florida are going to be in for a very rude surprise if they don't change their course on this soon. And even if they do, some officials might still go down for this one.
Quote:
Originally Posted by jazzarama
Whether police received conflicting testimony at the time is debateable. Even if they did, they'd need probable cause to Not Believe gz's account in order to arrest him.
I would concede that this might actually be the way that the law and "probable cause" is being interpreted and enforced in Florida, irrespective of what "probable cause" actually means in a commonly understood legal sense. That I can accept. However, that is not what "probable cause" actually, in fact, means, and if Florida officials are found to be enforcing the law in such a manner that civil liberties are not protected, that will change -- "stat". The FBI and DOJ will see to it that it does. Believe it.
I disagree and if the mere presence of federal authorities can lead to trumped up charges against an individual or dept. I fear for the future of this country. I truly do.
What do you mean by "trumped up charges?" At the end of the day, the only question is whether the evidence supports the charge. If the evidence supports the charge, then an appeals court will not disturb the verdict (absent egregious juror misconduct, egregious evidentiary rulings, etc.). The reviewing court applies a "clear error" standard in those types of cases.
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