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#652 Apr 11 2012 at 9:00 PM Rating: Good
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gbaji wrote:
idiggory, King of Bards wrote:
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We should hope so. Hard to deny that there's a hell of a lot of pressure to file some sort of charges though. I just hope she did not bow to that pressure in this case.


That's cute. You were wrong about the chances of him getting charged, so of course it has to be because of public pressure.


I have always held open the possibility that there is either evidence we are not aware of which would make a valid case for charging him *or* that public pressure might cause charges to be filed anyway. Honestly, the vote is still out on which just happened. My position is going to be the same one it's been all along though: Let's wait until the facts come out and let the legal process work its way through. My issue has always been with what I saw as a rush to judgment based on public outcry and emotion. I was not wrong about that.


You can say that all you want, but you are just as guilty of assumptions as anyone else in the thread. Our demands have been for a trial.

The public outcry isn't what caused the trial. It is, however, what gave Martin the opportunity for justice. There's a very good chance this case would have been swept under the rug without all the attention. Doesn't mean they are pressing charges because of it.
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#653 Apr 12 2012 at 12:43 AM Rating: Decent
Here is the Yahoo article where they announced Zimmerman's arrest and the charge they're going after. I'm sure everyone has already read it, but I wanted to point out two quotes that made me Smiley: facepalm :

Zimmerman's new attorney wrote:
"He is troubled by everything that has happened," O'Mara said. "Truly, it must be frightening to not be able to go into a 7-Eleven or a store. It would trouble any of us."


... Seriously???

And the other side:

The Martin family's attorney wrote:
"It's about justice, justice, justice," Ben Crump, the Martin family's attorney, said. "If we just stand our ground, we can make a difference."


Come on, people....

Edited, Apr 12th 2012 1:44am by Belkira
#654 Apr 12 2012 at 5:02 AM Rating: Excellent
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have always held open the possibility that there is either evidence we are not aware of which would make a valid case for charging him *or* that public pressure might cause charges to be filed anyway. Honestly, the vote is still out on which just happened.


Much, much, much, more likely neither. To require one of these would also require the made for TV movie version of criminal law you seem to think exists to be in force. Fortunately for everyone, it isn't.

Dateline: 2012 - San Diego man still things watching episodes of Law and Order sufficient to make him a District Attorney. shockingly, still not the case.
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#655 Apr 12 2012 at 6:11 AM Rating: Good
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Catwho wrote:
What I suspect is that the Sanford police simply took him at his word of "self defense" without digging too thoroughly into it because, hey, he seemed like a nice guy who wouldn't shoot a kid unless he had probable cause to suspect him of being dangerous.


With respect, in my opinion this is exactly wrong. The police knew him better than his own father did, is my guess. He certainly talked to them more, by all accounts. Scores of 911 calls, trying to cozy up to them at every opportunity? Cops are not (necessarily) stupid. They knew he was going to kill someone some day, in all likelihood. He sees himself as Dirty Harry. Tragically, he's more of a Travis Bickle.

What does that say about the police in Sanford, Florida? Depends on whether they really were continuing the investigation. I don't know the answer. I suspect they knew they needed to get Zimmerman off the street before he killed someone who mattered, though.
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#656 Apr 12 2012 at 7:16 AM Rating: Good
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Tragically, he's more of a Travis Bickle.
Hmmmmm, this made me try to remember if old Travis actually killed anyone who wasn't a total scumbag ?
.... might hafta watch Taxi Driver again next time its on. Having raised a daughter, he's kind of a secret hero of mine-- even being fully aware that it was a creative plot twist that turned him from lone-nut assassin to "Rescuer"

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Martins mother thinks Trayvon shooting an "accident"
- msnbc This is the best news Ive heard during this whole tragedy, if she can express a little forgiveness like this maybe there is hope for race relations to not be thrown backwards a decade or two.
#657 Apr 12 2012 at 7:45 AM Rating: Good
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gbaji wrote:
My position is going to be the same one it's been all along though: Let's wait until the facts come out and let the legal process work its way through.
Well, I guess riding my coat tails is about as close to right you'll ever get on any topic.
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#658 Apr 12 2012 at 7:56 AM Rating: Excellent
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**** smash, your typo threw me for a loop for far too long. I need a nap.
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#659 Apr 12 2012 at 2:22 PM Rating: Excellent
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Samira wrote:
Catwho wrote:
What I suspect is that the Sanford police simply took him at his word of "self defense" without digging too thoroughly into it because, hey, he seemed like a nice guy who wouldn't shoot a kid unless he had probable cause to suspect him of being dangerous.


With respect, in my opinion this is exactly wrong. The police knew him better than his own father did, is my guess. He certainly talked to them more, by all accounts. Scores of 911 calls, trying to cozy up to them at every opportunity? Cops are not (necessarily) stupid. They knew he was going to kill someone some day, in all likelihood. He sees himself as Dirty Harry. Tragically, he's more of a Travis Bickle.

What does that say about the police in Sanford, Florida? Depends on whether they really were continuing the investigation. I don't know the answer. I suspect they knew they needed to get Zimmerman off the street before he killed someone who mattered, though.


Gbaji was repeatedly saying that the police had enough evidence to decide not to arrest Zimmerman. I've questioned the thoroughness of that investigation. Zimmerman shot Martin on February 26 at around 7:15. He was taken into custody at the scene and was released just hours later. I cannot understand how the police were able to make any determination after just a few hours. The lead investigator did a request for an arrest warrant but it was rejected by the state attorney's office because someone thought there wasn't enough evidence to convict. There wasn't enough evidence found at that time because I believe there wasn't a thorough investigation.
#660 Apr 12 2012 at 6:03 PM Rating: Decent
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idiggory, King of Bards wrote:
gbaji wrote:

I have always held open the possibility that there is either evidence we are not aware of which would make a valid case for charging him *or* that public pressure might cause charges to be filed anyway. Honestly, the vote is still out on which just happened. My position is going to be the same one it's been all along though: Let's wait until the facts come out and let the legal process work its way through. My issue has always been with what I saw as a rush to judgment based on public outcry and emotion. I was not wrong about that.


You can say that all you want, but you are just as guilty of assumptions as anyone else in the thread.


I disagree. But you're entitled to your opinion, I suppose.

Quote:
Our demands have been for a trial.


I'd say that you are repeating the demands of others, and now that they've got the trial they are demanding, they will move on to demanding nothing less than a conviction. Anyone who thought that this was just about getting Zimmerman a fair trial has been deluding themselves. While that is what should happen if the evidence supports it, it's *not* the motivation of the folks who are being the most vocal on this issue.

Quote:
The public outcry isn't what caused the trial. It is, however, what gave Martin the opportunity for justice.


And if Zimmerman is not convicted, does that mean Martin did not get justice? See. That's the problem I have with this. While I hope that the prosecutor is operating based on the facts of the case and the results of the investigation and nothing more, my fear is that the demands for "justice for Trayvon" require a trial, so they get a trial. Now that they have one, it'll demand a conviction. Will a jury give them one? Can we be sure that anything that happens from this point on is based on the law, or based on the fear of the mob?

And what happens if he's not convicted?


Quote:
There's a very good chance this case would have been swept under the rug without all the attention. Doesn't mean they are pressing charges because of it.


I'm not sure how you can write those two sentences one right after the other. If the charges would have been filed whether the attention was generated or not, then the attention wasn't necessary. If they wouldn't have then we're left with one of two possibilities:

1. The charges would not have been filed because there really wasn't sufficient evidence to file them.

2. The charges would not have been filed because the police just didn't care enough, were racist, or whatever other reason.


The entire assumption behind raising such attention is that condition 2 is true (or even may be true, so I'm not necessarily arguing that this is wrong). The concern is condition 1 though. The same attention would be raised if that was the case, yet there's nearly no way for anyone involved to know this (or to care in many cases). And that creates a condition where it's nearly impossible for actual justice to prevail. No matter what the outcome of the trial, someone's going to think something was wrong.

Edited, Apr 12th 2012 5:04pm by gbaji
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#661 Apr 12 2012 at 6:03 PM Rating: Good
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I cannot understand how the police were able to make any determination after just a few hours. The lead investigator did a request for an arrest warrant but it was rejected by the state attorney's office because someone thought there wasn't enough evidence to convict. There wasn't enough evidence found at that time because I believe there wasn't a thorough investigation.


A lot will be dependant on forensics imho, as in: wound characteristics & placement, blood spatter... etc which would not necessarily be apparent to initial investigator.
A spent round in the ground, beaneath spatter would indicate Martin was in submissive position at time of fatal shot, a non-recovered slug with only drip spatter would indicate he was dominant when shot, which is probably the most significant point to be considered...& I dont believe anyones leaked wound placement yet.

All other admissable elements have allready been admitted by Zimmerman apparently, as in: weapon used, who fired etc.

If initial investigator report didnt indicate dominant/submissive position & if slug hadnt been recovered it would be hard to charge at that time. We shall see.
#662 Apr 12 2012 at 6:17 PM Rating: Decent
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Terrifyingspeed wrote:
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I cannot understand how the police were able to make any determination after just a few hours. The lead investigator did a request for an arrest warrant but it was rejected by the state attorney's office because someone thought there wasn't enough evidence to convict. There wasn't enough evidence found at that time because I believe there wasn't a thorough investigation.


A lot will be dependant on forensics imho, as in: wound characteristics & placement, blood spatter... etc which would not necessarily be apparent to initial investigator.
A spent round in the ground, beaneath spatter would indicate Martin was in submissive position at time of fatal shot, a non-recovered slug with only drip spatter would indicate he was dominant when shot, which is probably the most significant point to be considered...& I dont believe anyones leaked wound placement yet.

All other admissable elements have allready been admitted by Zimmerman apparently, as in: weapon used, who fired etc.

If initial investigator report didnt indicate dominant/submissive position & if slug hadnt been recovered it would be hard to charge at that time. We shall see.


This. CSI shows aside, it actually takes quite a bit of time to run those tests and assemble that information. As several people have mentioned in this thread, key information like distance and directionality of the bullet can massively change the decision with regard to self defense, but would not be apparent to someone examining the scene. We don't even know where Martin was shot. I'm somewhat assuming it had to be in the front even to remotely accept a self defense claim, but it's possible that it was elsewhere and the DA decided not to press charges that night specifically to give them sufficient time to get all the forensic test done. We can't know any of that.


As I've argued in this thread, the sticking point for me is that we have a witness who clearly saw Zimmerman in a position which would justify self defense (on his back, assailant on top of him, pinning him, and punching him) a short period of time before the shot was fired. So the only way to prove that it wasn't self defense would be to have some evidence that the positions of the two men changed between the point at which that witness shut his door (and lost sight of them) and the shot was fired. Forensic analysis of the bullet wound could show that, as could the potential of an additional witness we haven't heard from. If they have such evidence then they've got a got a shot at conviction. If they don't, then I think they're going to be cooked in trial.


I think this is also why the prosecutor went for 2nd degree murder instead of manslaughter. The far harder part of this case is going to be proving that Zimmerman fired his gun in a position other than that seen by the eye witness(es). If she thinks she's got the evidence to do that, then arguing that Zimmerman knowingly put himself and Martin into that position in the first place is relatively easy to prove. It's still a risk, but a relatively minor one. The odds of success between charging one versus the other probably aren't that great compared to getting either one to stick, so if you're going to go with either, may as well go for the bigger one.


At least, that's how I see it.
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#663 Apr 12 2012 at 6:21 PM Rating: Decent
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I'm not sure how you can write those two sentences one right after the other. If the charges would have been filed whether the attention was generated or not, then the attention wasn't necessary. If they wouldn't have then we're left with one of two possibilities:

1. The charges would not have been filed because there really wasn't sufficient evidence to file them.

2. The charges would not have been filed because the police just didn't care enough, were racist, or whatever other reason.


The entire assumption behind raising such attention is that condition 2 is true (or even may be true, so I'm not necessarily arguing that this is wrong). The concern is condition 1 though. The same attention would be raised if that was the case, yet there's nearly no way for anyone involved to know this (or to care in many cases). And that creates a condition where it's nearly impossible for actual justice to prevail. No matter what the outcome of the trial, someone's going to think something was wrong.


The point is somewhere over your head, you might want to check there.

You voiced doubt that the case is going to court because of evidence, but because of public pressure.

I said that, without public pressure, it's highly likely that the second investigation would not have been launched. But that the case itself would not go to court simply because the public demanded it.

That means that the public outcry is responsible for charges being filed in a causal manner that is necessary but not sufficient for charges.

And that's a massive distinction.
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#664 Apr 13 2012 at 6:30 AM Rating: Default
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And that's a massive distinction.


Yet a distinction without a difference. The public may have had nothing to do with it at all, what do you think about that huh?
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#665 Apr 13 2012 at 7:04 AM Rating: Good
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Definitely possible, but it seems to me that the secondary investigation was launched in response to public outcry, and much of the case (judging by the affidavit) is based on that information, such as inclusion of witnesses the police hadn't even interviewed the first time around.

It's possible a more thorough investigation could have been ordered without public pressure, but given this police department's history I seriously doubt that.
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#666 Apr 13 2012 at 7:38 AM Rating: Good
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gbaji wrote:
Will a jury give them one?
As rare as it may be, I doubt there will be a jury.
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#667 Apr 13 2012 at 7:44 AM Rating: Good
If it weren't for the Stand Your Ground law, this would be an open and shut murder case. Even if Martin was the aggressor, if Zimmerman just retreated, the onus of guilt would have been on Martin. Instead, we let wanna be cops be the judge, jury, and executioners of people that look 'suspicious'.
#668 Apr 13 2012 at 1:47 PM Rating: Default
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Duke Lubriderm wrote:
If it weren't for the Stand Your Ground law, this would be an open and shut murder case. Even if Martin was the aggressor, if Zimmerman just retreated, the onus of guilt would have been on Martin.


At the risk of repeating myself, if Zimmerman was not able to retreat, it's self defense regardless of Stand Your Ground. If someone jumps you, pins you to the ground, and beats on you without letting up, you can use lethal force to defend yourself. Always. This is precisely the position Zimmerman claims he was in, and which several witnesses saw him in, and which the physical evidence supports.

Unless there is some evidence to counter that condition just prior to the shot being fired, I don't see how they can prove he didn't fire in self defense. IMO, the whole case hinges on that.


Quote:
Instead, we let wanna be cops be the judge, jury, and executioners of people that look 'suspicious'.


To some degree though, police have to make judgment calls. There's not really any way around that. Assuming motive when they don't do something you want them to, or do something you don't, is a bit unfair. Can you really say with any certainty that they failed to look at the evidence and follow the correct procedures based on that?
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#669 Apr 13 2012 at 1:51 PM Rating: Excellent
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gbaji wrote:
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Instead, we let wanna be cops be the judge, jury, and executioners of people that look 'suspicious'.


To some degree though, police have to make judgment calls. There's not really any way around that. Assuming motive when they don't do something you want them to, or do something you don't, is a bit unfair. Can you really say with any certainty that they failed to look at the evidence and follow the correct procedures based on that?


He was referring to vigilantes, not cops, ya dolt.
#670 Apr 13 2012 at 1:56 PM Rating: Decent
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Eske Esquire wrote:
gbaji wrote:
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Instead, we let wanna be cops be the judge, jury, and executioners of people that look 'suspicious'.


To some degree though, police have to make judgment calls. There's not really any way around that. Assuming motive when they don't do something you want them to, or do something you don't, is a bit unfair. Can you really say with any certainty that they failed to look at the evidence and follow the correct procedures based on that?


He was referring to vigilantes, not cops, ya dolt.


Um... yeah. I, um, knew that! Honest! Smiley: bah

swear to god, I read it as "wanna let cops"
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#671 Apr 16 2012 at 9:06 AM Rating: Good
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Clearly Zimmerman should have set his sights higher.
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#672 Apr 16 2012 at 9:46 AM Rating: Good
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Yeah, a more or less failed bombing of a government building killing 8 people (His intention was to bring down the building as far as I know) then going to an island where there's a youth camp of the political party you hate and start shooting people like a madmen killing 69 and wounding many more.

Seems like a clear cut case of self defense.
#673 Apr 16 2012 at 10:20 AM Rating: Good
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If deemed mentally competent, Breivik would face a maximum prison sentence of 21 years or an alternate custody arrangement under which the sentence is prolonged for as long as an inmate is deemed a danger to society.


Maximum of 21 years for killing 77 people? That doesn't seem right.

(Yes, I do see the "alternate custody arrangement until deemed no longer a danger to society").
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#674 Apr 16 2012 at 10:23 AM Rating: Good
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That's Norway's maximum sentence, period, as I understand it. The alternate clause is specifically for extraordinary cases.

He'll almost certainly be detained for life. And I'd wager it will be in a mental asylum.

[EDIT]
They also don't have capital punishments (with polls after the massacre reaffirming that it did not change public perception in favor of reinstatement).

Edited, Apr 16th 2012 12:28pm by idiggory
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#675 Apr 16 2012 at 12:37 PM Rating: Good
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Anxious to prove he is not insane, Breivik will call right-wing extremists and radical Islamists to testify during the trial, to show that others also share his view of clashing civilizations.


That's going to be a hell of a weird trial. Smiley: eek
#676 Apr 16 2012 at 12:53 PM Rating: Excellent
I don't get this European right-wing fervor about "multiculturalism" being such a bad thing. I always thought that the little individual kingdoms and pockets of micro civilizations made it so that the modern political boundaries don't have much to do with cultural identity. Italy has about twenty cultures within its borders because what we know as Italy didn't really even exist until the 20th century. Same thing with Germany.

Seems like he's just a deranged racist ******* to me, but I'm an American Southerner, what do I know about racist ***********
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