SpatiallyAware
Lifer
- Sep 7, 2009
- 12,960
- 3
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Come on people, clearly if a thug is on top of you bashing your head against the ground you need to determine if you're being brutally assaulted on sidewalk or dirt before protecting yourself.
There is evidence that once person was assaulted, and no evidence that the other was.
There is evidence that TM was directly over top of GZ when shot.
You have your theory, and you're entitled. I have mine, and I have some circumstantial evidence that backs it up.
The bottom line is two stubborn idiots ran into each other that night. Both of then made decisions that led to TMs death. Only one can be criminally liable and currently that evidence points at TM.
If there is something being held back that proves GZ stated the physical altercation I look forward to seeing it.
Right now all I see is a man who successfully defended himself from a teenage delinquent. Airdata et al claim TM would've stopped, sooner or later. But I doubt if the situation were reversed they would take that position. I imagine they would defend themselves, or their mom, or their wife or sister if they were being assaulted.
THAT is the legal standard. Not can Jean Claude Can Damme take it. Can your grandmother?
How much would you let TM assault your girlfriend before it was enough?
Well then, let's get GZ on the stand and let him purger himself or plead the 5th.
If TM went for the gun after it was pulled, how in the world do you possibly conclude who is in the right? The guy who fears he's about to be shot? Or the guy who failed to listen to direction and follow orders and decided to play cops & robbers and get himself into a physical altercation in the first place?
If Zimmerman pulled out his gun and trayvon grabbed it to try to prevent his death, he's a victim. Had Trayvon wrestled the gun away and shot zimmerman, zimmerman would be the victim.
Florida's Stand Your Ground Defense More Likely To Succeed If Victim Is Black: Study
By your own basic admission, at a minimum we don't have conclusion evidence one way or the other about who initiated hostilities, yet you are very clearly leaping to one conclusion. There is a big difference between there possibly not being enough evidence to prove Zimmerman was not acting in self defense according to the law and him actually being innocent of wrongdoing.Right now all I see is a man who successfully defended himself from a teenage delinquent. Airdata et al claim TM would've stopped, sooner or later. But I doubt if the situation were reversed they would take that position. I imagine they would defend themselves, or their mom, or their wife or sister if they were being assaulted.
THAT is the legal standard. Not can Jean Claude Can Damme take it. Can your grandmother?
How much would you let TM assault your girlfriend before it was enough?
By your own basic admission, at a minimum we don't have conclusion evidence one way or the other about who initiated hostilities, yet you are very clearly leaping to one conclusion. There is a big difference between there possibly not being enough evidence to prove Zimmerman was not acting in self defense according to the law and him actually being innocent of wrongdoing.
The rest of your argument is a rather intellectually bankrupt appeal to emotion over reason. Its an apples and oranges situation unless your girlfriend is something like a professional bodybuilder or MMA fighter. In the situation you're talking about, clearly you would not expect the girlfriend or grandmother to be able to handle things physically on their own, nor is it as plausible that TM mistakenly initiated things thinking that person was going to attack them regardless and they needed to take the initiative. I would still say at least morally you really should if possible make some sort of effort to pull the person off and subdue them before actually shooting them, especially since you really need to carefully position yourself to avoid accidentally hitting your grandmother or girlfriend regardless. (This could consist of simply putting the gun to the temple of the attacker and giving them orders.)
Certainly based on all the evidence I've seen so far I've yet to see a plausible scenario where at a minimum TM didn't initiate things because he genuinely feared for his personal safety.
This could consist of simply putting the gun to the temple of the attacker and giving them orders.
So then it's OK to follow and harrass OJ? There is a guy who I think got azway with murder, bu7t they couldn't prove it beyond a reasonable doubt so he walked. Now the same racist punks who thought that it was OK for OJ to walk think Zimmerman should fry.
Fuck them!!
Did anyone hear about the shooting of Darius Simmons by John Henry Spooner?
http://www.ksdk.com/news/article/322260/28/John-Spooner-charged-in-killing-Darius-Simmons
This one is definitely about race. This is also why I think that guns should be outlawed.
So much logic, I love it.
The new law only requires law enforcement and the justice system to ask three questions in self-defense cases: Did the defendant have the right to be there? Was he engaged in a lawful activity? Could he reasonably have been in fear of death or great bodily harm?
Without convincing evidence to the contrary, "stand your ground'' protection prevails.
If prosecutors press charges, any defendant claiming self-defense is now entitled to a hearing before a judge. At the immunity hearing, a judge must decide based on the "preponderance of the evidence" whether to grant immunity. That's a far lower burden than "beyond a reasonable doubt," the threshold prosecutors must meet at trial.
"It's a very low standard to prove preponderance," said Weaver, the West Palm Beach lawyer. "If 51 percent of the evidence supports your claim, you get off."
The massive problem is everything we know about the scenario so far contradicts this possibility if you're thinking this is close to what actually happened, and you're completely missing Zimmerman's role in this.Keep in mind, airdata... the "situation" for which George Zimmerman was the "catalyst" could have easily been the following:
TM walks up to GZ upon realizing he's gotten out of his car and is watching him from the T junction.
TM: "Yo why you followin' me man? wtf?"
GZ: "Um, we've had a lot of break ins in the neighborhood lately and I am the head of the neighborhood watch here. I didn't recognize you. You match the description of the burglars we've had lately."
TM: "Yea well I'm not one of them. That's fucked up. You thinkin' I'm a burglar just 'cuz I'm BLACK? Y'all racist. I'm here visiting my dad. So you can go fuck yoself"
GZ: "Um, sorry... I was just trying to do my job."
aaaaaand SCENE!
That's how it could've played out. Or even a much more civil version where they end up having a laugh about the misunderstanding.
Attempts to argue right now that Zimmerman definitely did nothing wrong and did everyone a favor say way more about the person making them than anything else.
Come on people, clearly if a thug is on top of you bashing your head against the ground you need to determine if you're being brutally assaulted on sidewalk or dirt before protecting yourself.
You apparently simply can't read. I said AT A MINIMUM which leaves open the clear possibility that after the prosecution presents their case in court with additional evidence its going to be obvious that Zimmerman is guilty as hell of at least manslaughter. Given the lack of a videotape or sufficient witnesses to the actual fight I expect it be be a somewhat tricky case to get a conviction, but we'll see and Zimmerman has certainly not helped his case recently.So by your admission, GZ is innocent.
That's the point we've been trying to make. Absent contrary proof, GZ is innocent. He doesn't have to prove his innocence, the state has to prove his guilt.
The reality is we don't have the full evidence yet on exactly what the medical evidence really shows about the severity of Zimmerman's injuries without testimony from medical experts and additional details we don't have yet. We know that Zimmerman did not require a lengthy hospital stay or the like after the fact, so the injuries we not that severe and at least many of us believe the gun should only be used if its clear you can't physically turn things around otherwise and you're not going to be able to shoot in the near future given the severity of your injuries. (In other words you really should believe its pretty much him or you in this situation with there being no way they are about to stop, especially if you realistically did something which helped cause the confrontation in the first place when it could have been avoided.)By the way, you completely avoided my point, but its not surprising. Airdata, emperus, sound et al have been saying that GZ wasn't beaten enough, but not one of them has been brave enough to eloquate what "enough" is.
You clearly have been appealing to emotion and bringing up clearly not directly related situation to do so when you are not outrageously misrepresenting what other people have actually said.I think most everything you guys have been saying is "intellectually bankrupt" but instead of saying that outright I've just been disproving what I can with logic and facts.
Difference in people, I guess.
Why I will admit my understanding of all aspects of gun laws may be imperfect, it seems really strange that in that situation it could be perfectly legal to use your gun but illegal to brandish if this is currently the case.You are not allowed to do this as it would be considered brandishing and is against the law.
Every person that gets a concealed weapons permit or license is taught that you never brandish your weapon or draw you weapon unless you are in danger/need to use it. You are also taught to shoot center mass as trying to wound someone may result in a bystander being wounded or killed.
Too bad "John" the one eye witness to the fight reports he saw no blows or banging of the head. OHH! BETTER MAKE that two, GZ did not report that either.
Why I will admit my understanding of all aspects of gun laws may be imperfect, it seems really strange that in that situation it could be perfectly legal to use your gun but illegal to brandish if this is currently the case.
Certainly my understanding is you could have no problem drawing the gun and giving orders if someone breaks into your house, and in the situation previously described by the post I was responding to, the person in question is in the middle of committing a violent crime.
If the distinction is you need to press the gun to their center of mass before giving the order, (although you need to do so carefully in this situation to make sure the bullet doesn't go through them and hit your girlfriend or grandmother) that would seem a simple change.
At an absolute minimum, I would view screaming "get off her or I'll shoot" as something you should morally do before actually taking the action and something that realistically won't delay anything much since its generally going to take time to position yourself to safely shoot the gun in this situation.
Why I will admit my understanding of all aspects of gun laws may be imperfect, it seems really strange that in that situation it could be perfectly legal to use your gun but illegal to brandish if this is currently the case.
Certainly my understanding is you could have no problem drawing the gun and giving orders if someone breaks into your house, and in the situation previously described by the post I was responding to, the person in question is in the middle of committing a violent crime.
If the distinction is you need to press the gun to their center of mass before giving the order, (although you need to do so carefully in this situation to make sure the bullet doesn't go through them and hit your girlfriend or grandmother) that would seem a simple change.
At an absolute minimum, I would view screaming "get off her or I'll shoot" as something you should morally do before actually taking the action and something that realistically won't delay anything much since its generally going to take time to position yourself to safely shoot the gun in this situation.
You apparently simply can't read. I said AT A MINIMUM which leaves open the clear possibility that after the prosecution presents their case in court with additional evidence its going to be obvious that Zimmerman is guilty as hell of at least manslaughter. Given the lack of a videotape or sufficient witnesses to the actual fight I expect it be be a somewhat tricky case to get a conviction, but we'll see and Zimmerman has certainly not helped his case recently.
The reality is we don't have the full evidence yet on exactly what the medical evidence really shows about the severity of Zimmerman's injuries without testimony from medical experts and additional details we don't have yet. We know that Zimmerman did not require a lengthy hospital stay or the like after the fact, so the injuries we not that severe and at least many of us believe the gun should only be used if its clear you can't physically turn things around otherwise and you're not going to be able to shoot in the near future given the severity of your injuries. (In other words you really should believe its pretty much him or you in this situation with there being no way they are about to stop, especially if you realistically did something which helped cause the confrontation in the first place when it could have been avoided.)
What's troubling is how some are arguing that the law currently does and should effectively allow someone to deliberately start a fight with someone and then could deliberately let the other person gain the initial advantage and inflict a few injuries with the other person getting on top of them and they get to blow them away without having to possibly worry about the legal consequences. At a minimum this should suggest there are problems with the current law to reasonable people.
You clearly have been appealing to emotion and bringing up clearly not directly related situation to do so when you are not outrageously misrepresenting what other people have actually said.
Actually one of the potential problems, particularly if the prosecution can prove enough of a pattern of Zimmerman lying is there are explanations which clearly leave the possibility of Zimmerman getting convicted. On top of there still being questions about the severity of the injuries, it is legitimately possible that Zimmerman realized after he shot Martin "oh crap I could be in legal trouble here and the cops are going to be here soon" and then deliberately hit his own head a couple times on the ground to make his injuries look worse. Its actually possible the prosecution could have a medical expert testify that most of the injuries are more consistent with being self inflicted, and it makes strategic sense that the prosecution won't tip its hand regarding their approach by revealing their plans in this area too early in this case.Ah gotcha, I guess it just didn't happen then. Those gaping wounds and gashes on the back of his head came out of nowhere. Aliens probably, or the KKK.
Actually one of the potential problems, particularly if the prosecution can prove enough of a pattern of Zimmerman lying is there are explanations which clearly leave the possibility of Zimmerman getting convicted. On top of there still being questions about the severity of the injuries, it is legitimately possible that Zimmerman realized after he shot Martin "oh crap I could be in legal trouble here and the cops are going to be here soon" and then deliberately hit his own head a couple times on the ground to make his injuries look worse. Its actually possible the prosecution could have a medical expert testify that most of the injuries are more consistent with being self inflicted, and it makes strategic sense that the prosecution won't tip its hand regarding their approach by revealing their plans in this area too early in this case.
Basically I'm personally not taking the position that Zimmerman is definitely going to convicted of murder or manslaughter at trial (the prosecution could at a minimum leave the second option open to the jury later on), but I find the position some are taking that he definitely did nothing wrong and there is no way he is going to be convicted quite unreasonable. If the evidence was really as cut and dry as some are arguing the judge should have thrown out the case by now.