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#577 Apr 10 2012 at 2:08 PM Rating: Excellent
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idiggory, King of Bards wrote:
See, but there the burden of proof is on the defendent, which makes sense. The prosecution shouldn't have to prove that the kid didn't hide their age.

But if that's actually how SYG works, I could walk up to anyone in an isolated section of Florida, force a fight, then murder them and claim self defense. If the burden of proof is on the prosecution, they have very little hope unless I was stupid enough to commit the crime where there was AV recording being done, killed him stupidly (like I put the gun in his mouth or something), or failed to make the fight believable.

I really, really, really hope the lawmakers in Florida weren't this stupid. It's believable that they were, but I have to have SOME faith in humanity. Maybe.


Gbaji linked to a section of the Florida code that said quite clearly that the burden of proof is on the prosecution. Then again, the burden of proof is always on the prosecution. Who hasn't heard of a case where after the state calls its last witness, the defense moves to dismiss and the judge grants it because the state didn't prove their case? It happens all the time. It's usually not in cases as high-profile as this, but it still happens.

As far as the "start losing the fight and kill the other guy" part, the law is less clear, but seems to indicate that even if you initiate a fight, if you get to a point in the fight where the other party could break off the fight, but decides not to and you feel like you are in fear of your life or grave physical harm, you have the right to use lethal force.

As I said earlier, this case is going to come down to a judgement call on the shoulders of the special prosecutor. She's going to have to decide if there's enough evidence to convict Zimmerman. Not enough about how the fight started is known and there also appears as if there might be some conflicting witness statements as to who had the upper hand in the fight, which may or may not be important.
#578 Apr 10 2012 at 2:17 PM Rating: Good
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How in the world are they supposed to EVER convict someone of murder, then, barring the most blatant pieces of evidence?
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#579 Apr 10 2012 at 2:19 PM Rating: Excellent
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Bigdaddyjug wrote:
As far as the "start losing the fight and kill the other guy" part, the law is less clear, but seems to indicate that even if you initiate a fight, if you get to a point in the fight where the other party could break off the fight, but decides not to and you feel like you are in fear of your life or grave physical harm, you have the right to use lethal force.


If I got attacked by a random guy with a gun, then as far as I'm concerned there isn't a point in the fight where I can break it off, unless I come away with the gun, or he's unconscious or dead. What are you going to do, let him up, run, and roll the dice that he won't catch you with a bullet?

If that's the law's implication, then it's got to go.
#580 Apr 10 2012 at 2:22 PM Rating: Good
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Eske Esquire wrote:
Bigdaddyjug wrote:
As far as the "start losing the fight and kill the other guy" part, the law is less clear, but seems to indicate that even if you initiate a fight, if you get to a point in the fight where the other party could break off the fight, but decides not to and you feel like you are in fear of your life or grave physical harm, you have the right to use lethal force.


If I got attacked by a random guy with a gun, then as far as I'm concerned there isn't a point in the fight where I can break it off, unless I come away with the gun, or he's unconscious or dead. What are you going to do, let him up, run, and roll the dice that he won't catch you with a bullet?

If that's the law's implication, then it's got to go.


It ALSO says that you are criminally responsible for his death if he makes it clear that he wants to surrender, even if he attacked you first. I don't even understand what that means, though. Who the hell is going to take the word of the guy with a gun that just jumped them? I wouldn't.
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#581 Apr 10 2012 at 2:22 PM Rating: Excellent
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Eske Esquire wrote:
Bigdaddyjug wrote:
As far as the "start losing the fight and kill the other guy" part, the law is less clear, but seems to indicate that even if you initiate a fight, if you get to a point in the fight where the other party could break off the fight, but decides not to and you feel like you are in fear of your life or grave physical harm, you have the right to use lethal force.


If I got attacked by a random guy with a gun, then as far as I'm concerned there isn't a point in the fight where I can break it off, unless I come away with the gun, or he's unconscious or dead. What are you going to do, let him up, run, and roll the dice that he won't catch you with a bullet?

If that's the law's implication, then it's got to go.


There's no evidence released so far that shows that Martin knew Zimmerman was armed before Zimmerman pulled out he gun and shot him.

I do see your point and I agree that the law should be changed in that case.
#582 Apr 10 2012 at 2:30 PM Rating: Excellent
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Bigdaddyjug wrote:
Eske Esquire wrote:
Bigdaddyjug wrote:
As far as the "start losing the fight and kill the other guy" part, the law is less clear, but seems to indicate that even if you initiate a fight, if you get to a point in the fight where the other party could break off the fight, but decides not to and you feel like you are in fear of your life or grave physical harm, you have the right to use lethal force.


If I got attacked by a random guy with a gun, then as far as I'm concerned there isn't a point in the fight where I can break it off, unless I come away with the gun, or he's unconscious or dead. What are you going to do, let him up, run, and roll the dice that he won't catch you with a bullet?

If that's the law's implication, then it's got to go.


There's no evidence released so far that shows that Martin knew Zimmerman was armed before Zimmerman pulled out he gun and shot him.

I do see your point and I agree that the law should be changed in that case.


Aye, I'm just speaking in hypotheticals. But these are things that I wonder about with the case, because of all the gaps that have to be filled in. Little things like whether Martin saw a gun could really change the dynamic of the situation to me. There's no evidence one way or the other, so it remains to be seen.
#583 Apr 10 2012 at 2:35 PM Rating: Excellent
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Eske Esquire wrote:
Bigdaddyjug wrote:
Eske Esquire wrote:
Bigdaddyjug wrote:
As far as the "start losing the fight and kill the other guy" part, the law is less clear, but seems to indicate that even if you initiate a fight, if you get to a point in the fight where the other party could break off the fight, but decides not to and you feel like you are in fear of your life or grave physical harm, you have the right to use lethal force.


If I got attacked by a random guy with a gun, then as far as I'm concerned there isn't a point in the fight where I can break it off, unless I come away with the gun, or he's unconscious or dead. What are you going to do, let him up, run, and roll the dice that he won't catch you with a bullet?

If that's the law's implication, then it's got to go.


There's no evidence released so far that shows that Martin knew Zimmerman was armed before Zimmerman pulled out he gun and shot him.

I do see your point and I agree that the law should be changed in that case.


Aye, I'm just speaking in hypotheticals. But these are things that I wonder about with the case, because of all the gaps that have to be filled in. Little things like whether Martin saw a gun could really change the dynamic of the situation to me. There's no evidence one way or the other, so it remains to be seen.


I agree. However, at this point, I don't think there is any possible good outcome from this situation. The public has been whipped into a lather over it and everybody has taken a side without waiting for all (or even most) of the evidence, which we may never get. Whether Zimmerman is arrested/convicted or not, one group of people is going to feel like the justice system failed.
#584 Apr 10 2012 at 2:40 PM Rating: Good
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idiggory, King of Bards wrote:
I don't even understand what that means, though. Who the hell is going to take the word of the guy with a gun that just jumped them? I wouldn't.
I would. You're statistically more likely to be injured or killed if you're confronted by someone with a weapon and don't comply, and you're far less likely to survive if you actively fight back. Confrontation should be your last resort.

"Give me your wallet or die!"
"Yelp, here you go. Enjoy."
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#585 Apr 10 2012 at 2:45 PM Rating: Excellent
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lolgaxe wrote:
idiggory, King of Bards wrote:
I don't even understand what that means, though. Who the hell is going to take the word of the guy with a gun that just jumped them? I wouldn't.
I would. You're statistically more likely to be injured or killed if you're confronted by someone with a weapon and don't comply, and you're far less likely to survive if you actively fight back. Confrontation should be your last resort.

"Give me your wallet or die!"
"Yelp, here you go. Enjoy."


I was thinking more of a hypothetical situation where someone just straight up attacked you, not one where they're trying to rob you or something of that sort.

Otherwise yes, I definitely agree. I don't want my obituary to say that I was willing to die for my Kindle Fire.

Edited, Apr 10th 2012 4:45pm by Eske
#586 Apr 10 2012 at 2:52 PM Rating: Good
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Sure, I'd fight back if I didn't know the reason and the gun was an unknown variable, but once it was introduced I sure as hell would stop. I might still get shot, but the chances of being shot are much higher if you do continue. To put it simply, if I'm gambling with my life I'd rather bet on Red than 32. Even if it's only a 50% chance, it's still higher than the alternative.
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#587 Apr 10 2012 at 2:54 PM Rating: Good
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lolgaxe wrote:
Sure, I'd fight back if I didn't know the reason and the gun was an unknown variable, but once it was introduced I sure as hell would stop. I might still get shot, but the chances of being shot are much higher if you do continue. To put it simply, if I'm gambling with my life I'd rather bet on Red than 32. Even if it's only a 50% chance, it's still higher than the alternative.


If that's what they're teaching our soldiers nowadays, then the terrorists have won. Smiley: frown
#588 Apr 10 2012 at 2:57 PM Rating: Good
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Yeah, I was thinking that they had a weapon, but I otherwise had them disabled. They're trying to surrender, but I'm the only thing keeping them from actually using the weapon on me. Chances are I'm not going to take that leap of faith.

Quick and dirty example, I have them pinned to the ground, and the gun is still holstered or something. Or maybe it's beneath them/ just out of reach/whatever. I can't grab the gun without letting them go, but neither can they. To be fair, I actually have no clue what I'd do in the situation, but I don't see myself just taking their word for it and backing off. And I definitely don't know any way to continue to disable them while getting the gun away.

Just seems ridiculous that the law requires you to accept their surrender or lose your ability to claim self defense. When there's a weapon involved (and you aren't in complete control of it), I'm not entirely sure you ever can truly believe their intention to surrender.
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#589 Apr 10 2012 at 3:12 PM Rating: Decent
idiggory, King of Bards wrote:
Just seems ridiculous that the law requires you to accept their surrender or lose your ability to claim self defense. When there's a weapon involved (and you aren't in complete control of it), I'm not entirely sure you ever can truly believe their intention to surrender.


Now you're just being silly.

Quote:
Use of force by aggressor. —The justification described in the preceding sections of this chapter is not available to a person who: ....

(2) Initially provokes the use of force against himself or herself, unless:

(a) Such force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant; or
(b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.


The act of surrender, by law, must be in good faith. If you have reason to doubt the intention of the person surrendering, then it's almost certainly not in good faith.
#590 Apr 10 2012 at 3:17 PM Rating: Good
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idiggory, King of Bards wrote:
Quick and dirty example, I have them pinned to the ground, and the gun is still holstered or something. Or maybe it's beneath them/ just out of reach/whatever. I can't grab the gun without letting them go, but neither can they. To be fair, I actually have no clue what I'd do in the situation, but I don't see myself just taking their word for it and backing off. And I definitely don't know any way to continue to disable them while getting the gun away.
If you've got them pinned, then you roll them on their stomach and scream in their ear to stretch their arms out, palms up, and put their feet shoulder length apart with their big toes and heels touching the ground. You do that because if they try to escape they'll be completely off balance and you can react much faster than they can. At that point you'd draw their far arm back holding their thumb, followed by the closer arm, and cuff them. Barring actual police action for a civilian I'd say that would be a pretty good time to open up a line of communication to find out what's going on.

After all, if anything really is clear about this case it's that 99% of it was because of misunderstandings and a complete lack of communication.
Eske Esquire wrote:
If that's what they're teaching our soldiers nowadays, then the terrorists have won. Smiley: frown
I'm more likely to fight back against someone when I've got a rifle, forty pounds of ceramic plates and at least three people similarly geared against someone in a mandress and AK47 than I am walking to the gas station to get a hot dog. Smiley: tongue

Like I said, it's about going with the safer bet.

Edited, Apr 10th 2012 5:19pm by lolgaxe
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#591 Apr 10 2012 at 3:22 PM Rating: Good
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Quote:
The act of surrender, by law, must be in good faith. If you have reason to doubt the intention of the person surrendering, then it's almost certainly not in good faith.


And my point is that if I was in that high-stress of a situation, I seriously doubt I'd be willing to believe any surrender to be in good faith.
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#592 Apr 10 2012 at 3:23 PM Rating: Decent
lolgaxe wrote:
Like I said, it's about going with the safer bet.


Wesley Snipes says, "Always bet on black.". I don't know who to believe. [:sad:]
#593 Apr 10 2012 at 3:24 PM Rating: Excellent
idiggory, King of Bards wrote:
Quote:
The act of surrender, by law, must be in good faith. If you have reason to doubt the intention of the person surrendering, then it's almost certainly not in good faith.


And my point is that if I was in that high-stress of a situation, I seriously doubt I'd be willing to believe any surrender to be in good faith.


A good faith surrender, for example, might include tossing the weapon out of reach (or simply ejecting the clip and the chambered round) and holding your hands in the air while backing away from the other person. In such a case, the intent to halt the confrontation is pretty clear. If you would continue to escalate the violence after such an act, you'd be in the wrong and SYG would most certainly not apply to your defense.


Edited, Apr 10th 2012 4:25pm by BrownDuck
#594 Apr 10 2012 at 3:26 PM Rating: Good
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BrownDuck wrote:
lolgaxe wrote:
Like I said, it's about going with the safer bet.
Wesley Snipes says, "Always bet on black.". I don't know who to believe. [:sad:]
I always joke about not knowing any black people because everyone I know who claims they are are actually varying shades of brown. But Wesley Snipes? That guy is black.
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#595 Apr 10 2012 at 5:34 PM Rating: Good
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Eske Esquire wrote:
You're quite welcome to come to whatever conclusion you want about the case. Just don't try to pass off your conjecture as fact, then slam others for doing the exact same.


My conjecture is based on facts though. The conjecture I'm questioning is based on hearsay and speculation. There is a bit of a difference.

Quote:
While significant factors that remain unknowable regarding the case (feel free to correct me if I'm wrong but I don't believe we know who attacked first), your conjecture remains loose.


We don't know who attacked first, but as I've said repeatedly, we can't assume it was Zimmerman. And the only way Zimmerman could even remotely be guilty is if that assumption was made. You can't charge someone with a crime because we don't know whether he did something which might have made a later act a crime.

Also, as I've pointed out as well, even if he did, assuming the reports of his position just prior to firing is correct (and it's been corroborated by several witnesses), then it doesn't matter anyway. This is not conjecture or speculation on my part. This is based on reading the actual law.

Quote:
Spouting off about your certainty just shows your true colors. And the hypocrisy of attacking others for the same shows how little you think about yourself and the implication of your words.


By that logic then no one should ever have an opinion about anything *or* all opinions are equally valid. But that's not true, is it? Opinions should be weighed based on the evidence and facts which support them. My opinion is based on an assessment of the facts that we have a reasonable degree of certainty about. I freely acknowledge that if those facts are wrong, or if there are additional facts we don't know which are relevant, then my conclusion will be wrong. Here's the thing: I'm more than willing to change my conclusion if/when those new facts appear.

This is in grave contrast to those who continue to cling to their initial conclusion that Martin was just an innocent victim of a vigilante even as more and more evidence has appeared which should make them question that conclusion. I think it's unfair to say that I'm being inconsistent or hypocritical here. My conclusion is a conclusion based on the facts that we know. I don't think there's anything wrong about doing that, nor is there anything wrong about pointing out that the conclusions of others seem more related to their initial assumptions and not so much on the facts.
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#596 Apr 10 2012 at 5:40 PM Rating: Decent
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My conjecture is based on facts though. The conjecture I'm questioning is based on hearsay and speculation. There is a bit of a difference.


Smiley: lolSmiley: lolSmiley: lol
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#597 Apr 10 2012 at 5:50 PM Rating: Decent
gbaji wrote:
My conjecture is based on facts though.


No, it's not. You're still an idiot.
#598 Apr 10 2012 at 5:51 PM Rating: Decent
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idiggory, King of Bards wrote:
How in the world are they supposed to EVER convict someone of murder, then, barring the most blatant pieces of evidence?


When there's no evidence of self defense. I think the problem here is that people continue to ignore the most critical part of this. Zimmerman's description of the sequence of events, the physical evidence at the scene, and at least 3 different eye witness reports all were in agreement and supported his claim of self defense. Zimmerman doesn't get to start just claiming self defense. Self defense has to be the clear determination at the scene (and it was, overwhelming, in this case).

Once that has happened *then* the burden falls on the police and prosecutors to find evidence that the shooting fails to meet the requirements of self defense.


As I keep repeating over and over, the facts of the scene itself at the time the police arrived all pointed to a legitimate case of self defense. When you've got three witnesses all saying that the shooter was on his back with the other guy on top of him punching him just prior to the shot being fired, that puts the whole thing into the self defense category. At that point, you have to show sufficient evidence to change that assessment. So far, no one has. And frankly, none of even the speculative ideas floating around in this thread are sufficient to do so.


If we'd just found Martin dead with Zimmerman standing over him, with no witnesses and none of the physical evidence (No bloody nose, wound in the back of his head, grass stains on his back, etc) then it's quite certain Zimmerman would have been charged with manslaughter. But the evidence at the time is very very powerfully in support of self defense. As I've said before, this is nearly as perfect an example of legitimate use of a concealed weapon in self defense as you can get. If you asked 100 experts on self defense laws to list their top 5 scenarios in which lethal force is justified for self defense, they'd probably all list this exact situation (shooter on his back with an assailant on top of him continuing to beat him, with no sign that anyone was running over to help) as number 1 or 2 on their lists.


It's really that clear. And that's why the police correctly did not press charges.
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#599 Apr 10 2012 at 6:02 PM Rating: Good
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gbaji wrote:
My conjecture is based on facts though.


That's priceless.

gbaji wrote:
We don't know who attacked first, but as I've said repeatedly, we can't assume it was Zimmerman.


And I'm not suggesting that we assume it was Zimmerman. I'm saying that we can't state that it was Martin. How are you still not getting this?

gbaji wrote:
Quote:
Spouting off about your certainty just shows your true colors. And the hypocrisy of attacking others for the same shows how little you think about yourself and the implication of your words.


By that logic then no one should ever have an opinion about anything *or* all opinions are equally valid.


Well, no. But color me surprised that you don't know how logic works.

#600 Apr 10 2012 at 6:35 PM Rating: Decent
Quote:
After all, if anything really is clear about this case it's that 99% of it was because of misunderstandings and a complete lack of communication.


That's not clear.
#601 Apr 10 2012 at 7:07 PM Rating: Good
I think something that is getting lost in all of this needs to be explained to gbaji.

When the protesters are screaming "JUSTICE FOR TRAYVON" they're not calling for Zimmeron to be hanged at dawn.

They're calling for him to be properly tried in a court of law. All everyone has to go on is conflicting bits of Zimmerman's account, witness accounts, fuzzy 911 calls (don't forget - Trayvon also called 911 during this whole mess because he too was apparently freaked out), terrible police investigatory work (no autopsy? really?), and the entire media circus that has developed around the case.

If Zimmerman is tried before a jury, or at the very least, before a judge, and he is still found innocent of wrongdoing, then we have on our hands a tragedy born of misunderstanding, but Zimmerman's innocence will be vindicated and he can get on with his life.

But if Zimmerman is found guilty, we have evidence that the SYG law in Florida needs to be clarified and can't be used as an excuse to shoot the scary black kid with the skittles and the Arizona tea and the hoodie.

Either way, Trayvon will have gotten justice. Is that too much to ask?

Edited, Apr 10th 2012 9:08pm by catwho
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