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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsListening to Trayvon Martin trial
It seems that the entire defense of George Zimmerman is based on the theory that Trayvon Martin had no right to fight for his life.
sinkingfeeling
(51,457 posts)Response to madaboutharry (Original post)
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pnwmom
(108,980 posts)was going to attack him -- and under those circumstances, he wouldn't know how bad it could get. Anyone could fear for their life in that situation, not knowing what the other person's intent was, but knowing the other person was acting bizarrely. Once TM started trying to get away, every step GZ took toward him was a threat.
Response to pnwmom (Reply #4)
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Whisp
(24,096 posts)interesting!
Response to Whisp (Reply #7)
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pnwmom
(108,980 posts)theory, I think TM should have been more entitled to throw the first punch than GZ was to shoot the first bullet.
That's the insanity of that law. You're allowed to "defend" yourself by taking the first shot, but apparently not by throwing the first punch.
Response to pnwmom (Reply #12)
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uppityperson
(115,677 posts)yr old in Florida so maybe I am just projecting.
pnwmom
(108,980 posts)and that fear was NOT unreasonable. He was alone in the dark at night being pursued by some larger, older man. Any rational person would be afraid in those circumstances. And Rachel was fearful for him too, and they discussed that.
Response to pnwmom (Reply #26)
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pnwmom
(108,980 posts)even if by his actions he did provoke the younger, smaller person into throwing a punch.
Response to pnwmom (Reply #30)
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pnwmom
(108,980 posts)and feeling threatened should be just as entitled to throw a first punch as a gun owner should be to fire the first bullet.
GZ wasn't prosecuted under Stand your ground, but that's irrelevant since we're talking about TM's possible culpability. IF he did throw the first punch -- which no one knows he did -- then he should be entitled under Stand Your Ground to have done so. How can a man be entitled to proactively defend himself with a gun but not with his fists?
Response to pnwmom (Reply #46)
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pnwmom
(108,980 posts)in the shooters' yards, not threatening them at all. But the shooter was AFRAID, so he was let off.
Response to pnwmom (Reply #67)
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pnwmom
(108,980 posts)the victim.
The reason you dont see more of these cases at trial is that judges dismiss them on the grounds of stand your ground or the Castle doctrine before they ever get to a jury. Like this Florida case:
http://edition.cnn.com/2012/04/29/us/stand-your-ground
Proponents of Florida's Stand Your Ground law say it was never intended to apply to people who pursue someone and then use deadly force. "There's nothing in the statute that authorizes pursuit, confrontation or provocation and altercation," said Rep. Dennis Baxley, one of the sponsors of the 2005 law.
"Everything in this statute says, 'Defend yourself if you are a law-abiding citizen,'" he added. "We stand by you and the presumption of the law is with you."
But how much on the defensive was Greyston Garcia when he chased a suspected thief for a block and confronted him before killing him early on the morning of January 25, 2011? Where should authorities draw the line?
Police arrested Garcia, and prosecutors believed they had enough evidence to charge him with second-degree murder. But a judge dismissed the case late last month, citing Stand Your Ground.
Response to pnwmom (Reply #77)
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pnwmom
(108,980 posts)and it's even worse than shooting someone in your yard. The shooter didn't shoot someone intruding into his own yard -- he followed him for a block and then shot him.
Response to pnwmom (Reply #168)
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pnwmom
(108,980 posts)So Trayvon should have had every right to punch the guy who was following him around, based on stand your ground.
uppityperson
(115,677 posts)Tommy_Carcetti
(43,182 posts)Like shooting someone?
Response to Tommy_Carcetti (Reply #140)
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Blue_Roses
(12,894 posts)follow TM after he was told not to. Zimmerman was the clear aggressor from the get-go.
Response to Blue_Roses (Reply #53)
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Blue_Roses
(12,894 posts)and yes, following someone can be provocation in of itself.
prov·o·ca·tion (pr v -k sh n) n. 1. The act of provoking or inciting. 2. Something that provokes.
Response to Blue_Roses (Reply #79)
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uppityperson
(115,677 posts)Response to uppityperson (Reply #81)
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uppityperson
(115,677 posts)Response to uppityperson (Reply #87)
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uppityperson
(115,677 posts)WinkyDink
(51,311 posts)Response to WinkyDink (Reply #94)
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uppityperson
(115,677 posts)"customers could assault any sales person who followed them back to a dressing room"
Response to uppityperson (Reply #101)
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uppityperson
(115,677 posts)uppityperson
(115,677 posts)WinkyDink
(51,311 posts)Response to WinkyDink (Reply #90)
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uppityperson
(115,677 posts)aside his 911 call that he was stalking him.
Response to uppityperson (Reply #103)
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uppityperson
(115,677 posts)Response to uppityperson (Reply #107)
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uppityperson
(115,677 posts)pnwmom
(108,980 posts)along with evidence that the 911 operator told him to stop.
Response to pnwmom (Reply #169)
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pnwmom
(108,980 posts)from using the conventional definition.
Response to pnwmom (Reply #172)
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notadmblnd
(23,720 posts)Yet he did. If GZ was afraid,he should have kept his ass in the car until police arrived and not followed TM as the 911 dispatcher suggested.
hfojvt
(37,573 posts)I say that Trayvin was not afraid - based on all the things he didn't do
1. he didn't run home, even though he had a 1 minute head start
2. he didn't call the police to report somebody following him
3. he didn't call anybody else for help
4. he didn't use his phone. a pretty obvious defense is to take a picture of somebody with your phone and quickly send it. That way the potential attacker knows they cannot get away with their attack.
Further, I say he was not afraid, because he thought he could kick Zimmerman's a$$, and given the scenario of him being on top of Zimmerman and pounding on him, he would not have been wrong to think so.
Further, perhaps Trayvon did not know it, but if you are attacked, or fear attack, your primary defense should be - with your feet. That is - you run away. If you pop somebody in the nose and knock them down, you use that edge to take flight. You don't jump on top of them, because that gives them a chance to turn the tables, perhaps with the gun you don't know they have.
At least that's how I learned self defense in the 9th grade, and it makes sense to me, especially since I am small and kinda speedy.
Again, not that Trayvin would know that, but I think it is worth using this incident to educate the wider public.
Voice for Peace
(13,141 posts)appleannie1
(5,067 posts)responding to a perceived threat. Even the call Zimmerman made indicates that he is the one that initiated contact.
Tommy_Carcetti
(43,182 posts)I've asked that question over and over again to people who take Zimmerman's story at face value, and I've yet to get a logical response.
Response to Tommy_Carcetti (Reply #66)
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Tommy_Carcetti
(43,182 posts)I don't believe there is even any anecdotal evidence of that even, at least not from any reliable source.
We know that George Zimmerman shot and killed Trayvon. We know that George Zimmerman got out of his car, armed with a gun, knowing police were on the way, and said "These assholes always get away" and "fucking punks". We know that the leading detective, Chris Sorino, felt that Zimmerman's injuries were hardly consistent with his story of having his head bashed in repeatedly. That all we do know.
We don't know everything, but we do know a good amount.
Response to Tommy_Carcetti (Reply #76)
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Tommy_Carcetti
(43,182 posts)I tell you who did have a criminal record.....
Detective Sorino has yet to testify. There have already been several strong prosecution witnesses.
Response to Tommy_Carcetti (Reply #99)
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Little Star
(17,055 posts)heard of Trayvon having any.
Response to Little Star (Reply #86)
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Hoyt
(54,770 posts)arely staircase
(12,482 posts)nt
notadmblnd
(23,720 posts)Only GZ's statement to police and there's definately no reason to take GZs word for it.
See how that works?
Bjorn Against
(12,041 posts)No matter how much the gun nuts try to deny that it is threatening to follow someone in the dark with a gun most people who are not morons know that guns do pose a threat.
Response to Bjorn Against (Reply #6)
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Fla Dem
(23,690 posts)He was in that frame of mind, wasn't gonna let any n***** punk get away this time. Use his gun for intimidation.
Response to Fla Dem (Reply #11)
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uppityperson
(115,677 posts)naaman fletcher
(7,362 posts)Why would Trayvon be on top of Zimmerman holding him down (or punching him) and just let Zim's hand continue to hold on to an already displayed gun?
Bjorn Against
(12,041 posts)Whether Trayvon knew or not however is irrelevant, Zimmerman DID have a gun and he WAS a threat, not only was he a threat but the threat actually materialized.
Response to Bjorn Against (Reply #13)
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uppityperson
(115,677 posts)something to fear?
Response to uppityperson (Reply #18)
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uppityperson
(115,677 posts)to fear. Gotcha. Thanks for clarifying.
Response to uppityperson (Reply #29)
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uppityperson
(115,677 posts)Response to uppityperson (Reply #40)
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uppityperson
(115,677 posts)You also seem to think you can put words in my mouth. Not at all either. You do NOT, however, seem able to answer whether a black 17 yr old male in Florida being followed after dark by a light skinned man both in a car and then on foot would have anything to worry about.
Response to uppityperson (Reply #50)
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uppityperson
(115,677 posts)You do NOT, however, seem able to answer whether a black 17 yr old male in Florida being followed after dark by a light skinned man both in a car and then on foot would have anything to worry about.
Response to uppityperson (Reply #65)
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uppityperson
(115,677 posts)The fact that TM was black, 17, Zimmy was older skinhead light skinned DOES influence whether or not TM had a rational fear.
uppityperson
(115,677 posts)You do NOT, however, seem able to answer whether a black 17 yr old male in Florida being followed after dark by a light skinned man both in a car and then on foot would have anything to worry about.
Response to uppityperson (Reply #80)
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Tommy_Carcetti
(43,182 posts)On edit, what do you know? Urban Dictionary already has it covered:
http://www.urbandictionary.com/define.php?term=straw%20herring
HockeyMom
(14,337 posts)Can a woman attack any male for follows her? BTW, ask Zimmerman's ex-girfriend (Order of Protection) or the female bar patron who was thrown against the wall by bouncer Zimmerman.
I will give you this. Mr. Macho Man (look up my post on that) Zimmerman has problems with females also. It seems anybody who is less powerful than him who he can bully around. Oh, BTW, Zimmy tried this with a cop and got himself arrested. Apparently, Daddy Judge saved his ass on that one.
Response to HockeyMom (Reply #154)
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HockeyMom
(14,337 posts)Understand? He needs serious mental health counseling. Hopefully, he will receive that in prison.
Response to HockeyMom (Reply #161)
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HockeyMom
(14,337 posts)That is only one part of it. He is a violent person against anyone he thinks is not equal to him. Women, blacks, people with paper bags, eating skittles or slim jims, bla, bla, bla. He was the lawman, judge, and jury.
Response to HockeyMom (Reply #166)
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uppityperson
(115,677 posts)Response to uppityperson (Reply #180)
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Bjorn Against
(12,041 posts)You don't know what Trayvon knew, but we do know the fact that he was unarmed and he is now dead. Zimmerman was the only person with a weapon and he used that weapon to kill. That is what is relevant, we don't know what Trayvon knew or did not know. We do know that Zimmerman was a threat and that threat actually materialized.
Response to Bjorn Against (Reply #25)
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uppityperson
(115,677 posts)Black 17 yr old male in Florida? You think it "irrational fear" to feel fear when being followed in a car and then on foot by a light skinned man.
Response to uppityperson (Reply #36)
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uppityperson
(115,677 posts)You think it an "irrational fear" for a black 17 yr old male in Florida to feel fear when being followed in a car and then on foot by a light skinned man. Gotcha.
Response to uppityperson (Reply #43)
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uppityperson
(115,677 posts)meaningless when you look at one situation?
You have no evidence and think it an "irrational fear" for a black 17 yr old male in Florida to feel fear when being followed in a car and then on foot by a light skinned man.
Response to uppityperson (Reply #68)
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Hoyt
(54,770 posts)The friggin coward would have stayed in his car otherwise.
Response to Hoyt (Reply #85)
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Tommy_Carcetti
(43,182 posts)He doesn't need to be a KKK member to have a stereotypical and biased view towards young black males.
Response to Tommy_Carcetti (Reply #114)
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Tommy_Carcetti
(43,182 posts)Or are you just making shit up?
(That's not rhetorical....if he actually followed a suspicious white kid on Feb 26, 2012, please come forward with the evidence and I will give you kudos.)
Zimmerman witnessed Trayvon commit no crime. All Zimmerman said was that he was walking slowly in the rain, at one point apparently having his hand around his waste (that in and of itself not being a crime.) Zimmerman did not identify Trayvon as being the same person who had committed a prior crime in the neighborhood.
So yes, Zimmerman did profile Trayvon. Undeniably, he profiled Trayvon. And I'll bet the combination of his race and age had a good amount to do with it.
Response to Tommy_Carcetti (Reply #122)
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Tommy_Carcetti
(43,182 posts)I never, ever heard that. Ever.
Did it actually happen, or are you just making shit up? Please answer the question.
He called police at least 5 times before regarding black males he believed suspicious. It's quite possible Trayvon fit that same profile, because Trayvon too was a black male.
Response to Tommy_Carcetti (Reply #128)
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Tommy_Carcetti
(43,182 posts)....they are attempting to argue the subsequent statement as fact and intend the question as rhetorical.
So yes, you make bullshit up.
Response to Tommy_Carcetti (Reply #132)
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Tommy_Carcetti
(43,182 posts)Your phrasing of fictional statements as fact, when they are clearly not, shows you for who you are.
Response to Tommy_Carcetti (Reply #137)
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Tommy_Carcetti
(43,182 posts)It was a well reasoned response?
Unlike your pull it out of your ass bullshit?
You're a smooth smoothie, you know.
Response to Tommy_Carcetti (Reply #145)
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uppityperson
(115,677 posts)Response to uppityperson (Reply #182)
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Hoyt
(54,770 posts)want to accept the truth. You might not even care about why this happened.
Response to Hoyt (Reply #127)
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Hoyt
(54,770 posts)I suppose your posts don't either, but they sure are "suspicious."
Response to Hoyt (Reply #135)
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Hoyt
(54,770 posts)Truthfully, you probably would find a way to rationalize that as well.
Enjoy your trial.
Response to Hoyt (Reply #150)
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Blue_Roses
(12,894 posts)what TM "thought". The FACT is, GZ did have a gun and shot him, AFTER being told to NOT follow him.
Response to Blue_Roses (Reply #56)
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Zoeisright
(8,339 posts)Zimmerman was stalking that poor kid. If you think it's fine for armed idiots to go around following kids walking through neighborhoods, you need some serious help.
nashville_brook
(20,958 posts)is cause for wanting to protect yourself.
Response to nashville_brook (Reply #23)
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riverwalker
(8,694 posts)Response to riverwalker (Reply #57)
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uppityperson
(115,677 posts)Response to uppityperson (Reply #70)
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uppityperson
(115,677 posts)gun is not irrelevant at all. Did you miss the fact that Zimmy shot and killed TM with the gun? You seriously missed this?
Response to uppityperson (Reply #78)
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uppityperson
(115,677 posts)Response to uppityperson (Reply #175)
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uppityperson
(115,677 posts)Response to uppityperson (Reply #177)
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hrmjustin
(71,265 posts)uppityperson
(115,677 posts)hrmjustin
(71,265 posts)uppityperson
(115,677 posts)hrmjustin
(71,265 posts)HangOnKids
(4,291 posts)If this was a "dust up" fight between 2 people this would not have ever come to trial. Sorry Raider Dub the gun makes this relevant. Did you sign up on DU to educate us? Sorry, sadly it is NOT working. Is Rush on soon?
Response to HangOnKids (Reply #92)
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HangOnKids
(4,291 posts)Did you miss that fact? Please keep on dude your posts are comedy gold.
Response to HangOnKids (Reply #118)
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HangOnKids
(4,291 posts)Response to HangOnKids (Reply #130)
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HangOnKids
(4,291 posts)uponit7771
(90,347 posts)noiretextatique
(27,275 posts)to suggest that an unarmed person's life was not threatened by the armed man who was following him.
Cali_Democrat
(30,439 posts)Many people think unarmed African American teenagers shouldn't be allowed to defend themselves.
Zimmerman follows, stalks and confronts Martin. It seems to me that Trayvon had every right to kick his ass and defend himself.
csziggy
(34,136 posts)Because that seems to be the only reason Zimmerman targeted Martin. Whatever happens with this trial, I hope Zimmerman gets counselling for his paranoia. Otherwise he will continue to be a danger to others in his community.
ksoze
(2,068 posts)nashville_brook
(20,958 posts)they're putting being black on trial as well. the way she was treated on the stand was shameful.
ksoze
(2,068 posts)What are you listening to? Are you posting on the wring board?
uppityperson
(115,677 posts)What are you talking about?
customerserviceguy
(25,183 posts)Only the defense team tearing down the state's witnesses. That's what's supposed to happen in a criminal trial.
In answer to your point, my bet is that the defense will portray a picture of GZ down on the ground, Martin over him, landing blows, and GZ thinking that Martin is going for his gun. At that exact second, they will have established a theory of the case that allows self-defense, and I think that there will be no evidence to refute that. It comes down to what six women will think when they imagine themselves with only one possible chance to live.
madaboutharry
(40,212 posts)Cross-examination serves to lay out the defense that is coming.
ksoze
(2,068 posts)customerserviceguy
(25,183 posts)I'm thinking he probably has something surprising when he gets to put on his side of the case. It's true, in most cases, you can tell the theory of the defense's case from most cross-examinations of prosecution witnesses, but most lawyers aren't as cunning as O'Meara.
yardwork
(61,650 posts)If Zimmerman was in fear (and it's not clear to me that he was) it was due to Zimmerman putting himself in danger. Anything that happened as a result of his foolish behavior was his fault.
That is mom reasoning. Ask any mom.
customerserviceguy
(25,183 posts)when their kids do something stupid. But getting killed by a guy beating the crap out of you is not the same thing as getting an F on the test you didn't study for.
O'Meara's going to play that jury like a fiddle. He's going to use "mom reasoning" in a way that may shock you. He didn't take this case to lose it, he knows that if he gets an acquittal for someone who has been fully convicted in the media that his fees will reach in the tens of millions. Nervous banksters are watching his performance, and he knows that.
yardwork
(61,650 posts)customerserviceguy
(25,183 posts)It's just a matter of which one got to the gun first, after the brawling started on the street.
yardwork
(61,650 posts)customerserviceguy
(25,183 posts)Either GZ messed up his own head on the concrete, or Trayvon did. I guess you find the former believable, I don't.
HangOnKids
(4,291 posts)It is obvious you know nothing about Mothering or fiddling for that matter.
customerserviceguy
(25,183 posts)something about all three, including the spelling of his name.
HangOnKids
(4,291 posts)Coming after your diatribe about attention to detail and education, I just find that amusing.
riverwalker
(8,694 posts)but prosecution had to call him first.
If that's all Z's team has?......I'm not impressed.
customerserviceguy
(25,183 posts)When O'Mara gets his stuff started, you're going to see all kinds of outrage vented here. He will find a way to put Trayvon Martin on trial, it's the best chance he's got to show that his client was in desperate fear for his life while the brawl went on.
Humanist_Activist
(7,670 posts)which should disqualify any attempt at a defense on this.
If he was afraid for his life, then he shouldn't have assaulted Trayvon Martin in the first place. His fault, his responsibility, the worst thing you could say about Trayvon Martin was that he wasn't equipped enough to defend his life. Zimmerman should, by all rights, be dead, instead its the reverse, which is sad.
customerserviceguy
(25,183 posts)if GZ had stayed in his vehicle. But once the two of them started mixing it up on the ground, with a gun present, only one of them was going to survive.
There's an old saying among cops that they'd rather be tried by twelve than carried by six, and there's a history of how to build a defense on the idea of "it was him or me". I'm sure GZ's lawyer has tried out various strategies on focus groups, and knows which one will be most effective. It's no guarantee, of course, but being as he's done pretty well so far, I would put my money on it succeeding rather than failing. To lawyers, truth is a minor obstacle on the way to the result,
yardwork
(61,650 posts)Doesn't Florida have a Stand Your Ground law that allows people to fight back when threatened?
hobbit709
(41,694 posts)customerserviceguy
(25,183 posts)I saw the title of the OP, and let it slide until I read your post. It indicates that many here who are viewing the trial are doing so through the lens of their own preconceptions. Trayvon Martin looks like he is the one on trial to them. Clever, cunning attorneys know this, and I expect O'Meara to try to play that jury like a fiddle.
Dawson Leery
(19,348 posts)DrDan
(20,411 posts)Tommy_Carcetti
(43,182 posts)The state bears the ultimate burden of proof beyond a reasonable doubt, but when a defendant is arguing self defense (an "affirmative defense" they have some affirmative obligation to back it up, albeit at a lower standard.
DrDan
(20,411 posts)the defense need not prove anything - the jury will decide whether the charges brought by the prosecutors are legit or not
Tommy_Carcetti
(43,182 posts)It's a trial before a jury where the affirmative defense of use of deadly force in self-defense has been raised by the defendant.
And the jury does have to weigh the defendant's argument of self-defense under the preponderance of the evidence.
DrDan
(20,411 posts)if they cannot do that - it's over
Bjorn Against
(12,041 posts)The state only needs to prove Zimmerman killed Martin, something that is not even in dispute. Zimmerman is arguing the killing was justified, the burden is on him to justify it. The state only needs to prove a crime was committed, they do not have to prove it was not justified.
DrDan
(20,411 posts)Bjorn Against
(12,041 posts)They do not however need to prove that Zimmerman did not act in self defense, he needs to prove that he did act in self defense.
DrDan
(20,411 posts)Bjorn Against
(12,041 posts)The charge is not difficult to prove, self defense is far more difficult to prove in this case than murder is.
DrDan
(20,411 posts)and think it is going to be difficult to prove
Bjorn Against
(12,041 posts)The evidence however is overwhelming that this was second degree murder, the evidence that Zimmerman acted in self defense is flimsy at best.
Marrah_G
(28,581 posts)Because hey.... they other person isn't around to tell the other side.
riverwalker
(8,694 posts)saying he did "Intensive Mixed Martial Arts" 3 times a week is going to be significant
bravenak
(34,648 posts)He sure sounded mad at those punks who always get away. Why should a punk be able to defend himself? I don't get the defense. I would have plea bargained if I killed a kid.
hfojvt
(37,573 posts)His life was not in danger.
Not unless and until it can be shown that Zimmerman attacked him.
So what was Trayvon supposed to be fighting against? Was Trayvon scared of the way Zimmerman was pummeling Trayvin's fist with his nose?
The whole lynch Zimmerman argument seems to be based on the idea that once Zimmerman got out of his car, that he deserved to get the shit beaten out of him, and he had no right to defend himself.