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Old 04-23-2012, 01:03 AM
 
Location: on the edge of Sanity
14,268 posts, read 19,026,484 times
Reputation: 7983

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If this becomes a "Stand-Your-Ground" case, won't that change the burden of proof required?

I want to post this link from mid March, about a month before Mark O'Mara took over the Zimmerman case. I hope people on this forum watch the brief video that offers a good explanation of SYG and what the defendant needs to prove. Zimmerman has one of the most experienced criminal defense attorneys in the area. He was a legal analyst for Channel 6 in Orlando during the Casey Anthony trial. A few earlier comments indicate that he's some kind of mild-mannered, country attorney. Mr. O'Mara makes some interesting comments about a SYG case in this March 15 interview.

[url=http://www.clickorlando.com/news/Family-of-Trayvon-Martin-wants-FBI-investigation/-/1637132/9326686/-/1x4rcvz/-/]Family of Trayvon Martin wants FBI investigation | News - Home[/url]

 
Old 04-23-2012, 01:15 AM
 
8,560 posts, read 6,435,310 times
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Quote:
Originally Posted by justNancy View Post
If this becomes a "Stand-Your-Ground" case, won't that change the burden of proof required?

I want to post this link from mid March, about a month before Mark O'Mara took over the Zimmerman case. I hope people on this forum watch the brief video that offers a good explanation of SYG and what the defendant needs to prove. Zimmerman has one of the most experienced criminal defense attorneys in the area. He was a legal analyst for Channel 6 in Orlando during the Casey Anthony trial. A few earlier comments indicate that he's some kind of mild-mannered, country attorney. Mr. O'Mara makes some interesting comments about a SYG case in this March 15 interview.

Family of Trayvon Martin wants FBI investigation | News - Home
It's my understanding that in criminal cases the burden of proof is always beyond a reasonable doubt, and the state has to prove the case. The defendant is presumed innocent but can assert defenses such as self defense. Only in the immunity hearing, where stand your ground would come up, is the burden of proof on the DEFENDANT and the standard of proof is a preponderance of evidence. That must be a type of civil action.
 
Old 04-23-2012, 01:23 AM
 
Location: Mississippi
409 posts, read 255,737 times
Reputation: 137
Quote:
Originally Posted by FancyFeast5000 View Post
It's my understanding that in criminal cases the burden of proof is always beyond a reasonable doubt, and the state has to prove the case. The defendant is presumed innocent but can assert defenses such as self defense. Only in the immunity hearing, where stand your ground would come up, is the burden of proof on the DEFENDANT and the standard of proof is a preponderance of evidence. That must be a type of civil action.

who decides that the proof is beyond a reasonable doubt?


The only reason this has gone this far is because of the racist media circus revolving around. Can't even defend one's life nowadays without everyone claiming racism if the person attacking is of another race.
 
Old 04-23-2012, 01:27 AM
 
Location: on the edge of Sanity
14,268 posts, read 19,026,484 times
Reputation: 7983
Quote:
Originally Posted by FancyFeast5000 View Post
It's my understanding that in criminal cases the burden of proof is always beyond a reasonable doubt, and the state has to prove the case. The defendant is presumed innocent but can assert defenses such as self defense. Only in the immunity hearing, where stand your ground would come up, is the burden of proof on the DEFENDANT and the standard of proof is a preponderance of evidence. That must be a type of civil action.
Yes, that's what I meant. I posted the above video, because O'Mara was commenting on this case before he was even Zimmerman's attorney, so it's possible he is going to use it.

I am going to post it again using a different link name

[URL="http://www.clickorlando.com/news/Family-of-Trayvon-Martin-wants-FBI-investigation/-/1637132/9326686/-/1x4rcvz/-/"]Video With Mark O'Mara on SYG[/URL]

Also, this article describes the immunity hearing for SYG.

[URL="http://articles.orlandosentinel.com/2012-04-11/news/os-george-zimmerman-stand-your-ground-hearings-20120411_1_eric-sandhaus-craig-sandhaus-milton-torres"]Self Defense Hearing Could Dismiss Charges[/URL]


"The hearing allows the prosecution and defense to argue all the elements of self-defense in the case evidence. To get charges dismissed, the accused must convince the judge that a reasonable person would believe that using deadly force or the threat of deadly force was the only way to protect his or her life, court records show."
 
Old 04-23-2012, 05:49 AM
 
Location: Geneva, IL
12,979 posts, read 14,624,636 times
Reputation: 14863
Quote:
Originally Posted by InTheNameOfGod View Post
Can't even defend one's life nowadays without everyone claiming racism if the person attacking is of another race.
True, Martin was being followed by a stranger at night, he was merely defending himself.
 
Old 04-23-2012, 06:18 AM
 
2,119 posts, read 4,183,555 times
Reputation: 1873
Quote:
Originally Posted by justNancy View Post
I shouldn't even dignify this post with a reply, but maybe you don't realize when O'Mara became Zimmerman's lawyer? It was just a few days before his bond hearing. So, although O'Mara isn't lying, the "2 times" Zimmerman could have possibly reached out to the Martin family through his attorney was just before his bond hearing. On April 10 or 11, the 2 other attorneys announced they were resigning from the case. I think O'Mara became his attorney on April 12. The shooting was on Feb 26. Zimmerman was arrested and charged with 2nd degree murder before he even spoke with O'Mara.

Gee, Trayvon was a thug, his parents are low-life, greedy, people who are hoping for a book deal, and Crump is stupid. Let's see..look at O'Mara and look at Crump and....oh, I can figure this out all by myself.

The comments you're writing about the Martins are beyond despicable. I have a pretty good vocabulary, but I don't think even a thesaurus is going to help me find the right word to describe the hateful things you write.
The thing that bothers me is someone will profit from all of this..Martins or Zimmerman...Book deals, movie deals, interviews..Not sure if it is true but Trayvon Martin the name has been trademarked already I think by the parents.
 
Old 04-23-2012, 06:20 AM
 
2,119 posts, read 4,183,555 times
Reputation: 1873
Quote:
Originally Posted by justNancy View Post
Thank you for pointing this out, FancyFeast. I don't think a lot of people on this forum care about the facts. I remember when Zimmerman's site went online. I'd have to search for the posts on this board, but it was before O'Mara was even in the picture.

Your comments are very well written, by the way. You sound familiar with the legal system.

I want to add that I agree with Mr. Crump that any apology made after Zimmerman was charged with 2nd degree murder and facing jail time, if bail was denied, is self-serving. The Martin family repeatedly asked for an apology from him. They were on TV asking him to explain to them why he shot their son and if he even cared that he killed an unarmed teenager. Then, not only did he appeal to friends and family to speak on his behalf, he put up a web site asking for donations. Not one family member or friend said George felt terrible about the grief the Martin family must be going through and that he wanted to offer his deepest sympathy. Never.
In most murder cases where legal assistance is sought, the person charged is told not to speak to anyone about the case without legal representation. It could meean the difference of going to jail or going free if you speak. I believe GZ probably wanted to apologize earlier and I also believe he was told not to say anything.
 
Old 04-23-2012, 06:27 AM
 
Location: Geneva, IL
12,979 posts, read 14,624,636 times
Reputation: 14863
Quote:
Originally Posted by goodgal View Post
In most murder cases where legal assistance is sought, the person charged is told not to speak to anyone about the case without legal representation. It could meean the difference of going to jail or going free if you speak. I believe GZ probably wanted to apologize earlier and I also believe he was told not to say anything.
The reason Zimmerman's first legal team fired him was because he was talking to everyone and their dog going against their instructions to talk to no one. I would have thought if he'd genuinely had the burning desire to talk to the Martins, he would have done it when he was feeling chatty then.
 
Old 04-23-2012, 06:28 AM
 
2,119 posts, read 4,183,555 times
Reputation: 1873
The legal system probably will fail in this case. Whether or not GZ is found guilty or innocent IMO he is a dead man walking. In jail he will have a bounty on his head and if found innocent...we all know there is talk of killing him by various groups. He will never be innocent even if a court finds him so. He will at minimum need to uproot his life , change his name and possibly his appearence to live a normal life as well as his wife and with all the extended family he would eventually be found. There is a coocoo out there who would want the notoriety of being GZ's killer. Like I said he is a dead man walking in jail or out. JMO
 
Old 04-23-2012, 06:34 AM
 
Location: Geneva, IL
12,979 posts, read 14,624,636 times
Reputation: 14863
Quote:
Originally Posted by goodgal View Post
The legal system probably will fail in this case. Whether or not GZ is found guilty or innocent IMO he is a dead man walking. In jail he will have a bounty on his head and if found innocent...we all know there is talk of killing him by various groups. He will never be innocent even if a court finds him so. He will at minimum need to uproot his life , change his name and possibly his appearence to live a normal life as well as his wife and with all the extended family he would eventually be found. There is a coocoo out there who would want the notoriety of being GZ's killer. Like I said he is a dead man walking in jail or out. JMO
Very moving speech. Let's not forget that he killed an innocent 17 year-old. What if Martin was your son?
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