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Wow..I was already aware of some of the first points, however if there is any credibility to your final points and if the defense presents this information, it will certainly make it more difficult for the prosecution to make their case.
Actually, I don't think so at all. In fact, tonight in Florida they are executing a former cop who actually killed a number of drug dealers. Scheduled for 6:00 p.m.
True, the state might be withholding some crucial evidence indicating gz provoked the attack, threw the 1st punch, or couldn't have had a reasonable fear of suffering serious physical injury. You're guessing they do. I'm guessing they don't, and anything they haven't yet made public is exculpatory.
GZ following tm is what caused tm to punch him. Whether he was frightened or p'od or something else, who knows.
The state cannot withhold evidence after discovery closes, so if they are withholding right now, they will HAVE TO TURN IT OVER at some point before discovery is over or they will have one hell of a hard time getting it presented at the trial! Unless the "evidence" was something which they just discovered, say, the day before they want to put it on in the trial, most likely the judge would NOT allow the State to put on such evidence. It's against the "rules."
Additionally, if the State withholds ANY evidence which could be helpful to the defendant during the trial, that's a Brady violation. Big no-no.
Here's another thing you Trayvonistas need to take into account. Fearing for one's life is subjective and different for every single person. It is not something written in stone. Something that I fear for my life about, someone else might not. All that matters is if ZIMMERMAN felt fear for his life. THAT'S IT!
So I guess that means that Zimmerman has to testify since he's the only one who knows what made him fearful?
It isn't. As they say, ya can't fix stupid. There's a whole lot of that on these Sweet Little Trayvon threads.
I can't wait!
They get their information from circle-jerking each other here.
Shhhhhhhhhhhhh. Goofy blogs is all they have. And they somehow have the silly notion that links to said goofy blogs makes those goofy blogs more credible. Let them have their fun.
I have a feeling that after the Zimmerman trial, you may feel just as embarrassed about your perspective as you were about your prediction that Romney was going to be the sure winner.
Ditto, how do you know he did? I'm not the one who said he did see it while being followed. Your uninformed biased trayvonista friend said that. We only have ONE person's account of that and that's all we will get. He said he didn't see it until he was being attacked. The prosecution can NOT say that is a lie, they have absolutely no evidence to prove it is a lie and never will have that evidence. So according to the law, he didn't see it until he was attacking Zimmerman. If the prosecution thinks differently, they will have to PROVE that, which is impossible.
So now Zimmerman is assumed to know what Trayvon was observing and thinking? He somehow knew exactly when Trayvon saw his gun? It's possible that he had his hand on the gun as he approached Trayvon, or maybe even already had the gun in his hand.
Here's another thing you Trayvonistas need to take into account. Fearing for one's life is subjective and different for every single person. It is not something written in stone. Something that I fear for my life about, someone else might not. All that matters is if ZIMMERMAN felt fear for his life. THAT'S IT!
This is just not true legally in the general terms. Self-defense is a reasonable person standard and is taught this way in all the law schools in the US and tested this way on every bar (MBE). This means that the jury will determine whether the actions JZ took at the time of everything was reasonable under the circumstances. In other words, this is an objective person standard. If the jury does not find that JZ acted reasonable, then the legal justification of self-defense will fail.
Objective vs. subjective standard is one of the trickiest things in the law. But this example may help some. When you sign an contract and a key term may have two different meanings, then a subjective standard would more than likely be used to determine whether you knew that the term had 2 meanings.
In criminal law this is not the case. Anytime you hear "reasonable" or "what was reasonable under the circumstances," you have an objective standard at play.
Last edited by Mike Jones 1999; 12-11-2012 at 06:08 PM..
Reason: clear up issue better
This is just not true legally. Self-defense is a reasonable person standard and is taught this way in all the law schools in the US and tested this way on every bar (MBE). This means that the jury will determine whether the actions JZ took at the time of everything was reasonable under the circumstances. In other words, this is an objective person standard. If the jury does not find that JZ acted reasonable, then the legal justification of self-defense will fail.
Objective vs. subjective standard is one of the trickiest things in the law. But this example may help some. When you sign an contract and a key term may have two different meanings, then a subjective standard would more than likely be used to determine whether you knew that the term had 2 meanings.
In criminal law this is not the case. Anytime you hear "reasonable" or "what was reasonable under the circumstances," you have an objective standard at play.
You're claiming that a jury must find Everything GZ did before the shooting was reasonable to conclude he ultimately acted in self defense ? I hope I'm misunderstanding you.
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