General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsHow long do you think Zimmys sentence will be?
I think it will be 35 to 40.
Easily.
11 votes, 1 pass | Time left: Unlimited | |
30 years | |
0 (0%) |
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25 years | |
0 (0%) |
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40 years | |
0 (0%) |
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no sentence, he will be aquitted | |
11 (100%) |
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1 DU member did not wish to select any of the options provided. | |
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Jenoch
(7,720 posts)if Zimmerman is convicted, will be 25 to life.
ChiciB1
(15,435 posts)Even if he's gets convicted of manslaughter.
Do I dare hope? I live here, hope isn't something I rely on.
Jenoch
(7,720 posts)wish to rethink that law. Remember the woman who fired a 'warning shot' during a domestic?
ChiciB1
(15,435 posts)Sometimes my frustration gets the best of me and I have to take a break from what I call BS chaos that stresses me to the max!
Jenoch
(7,720 posts)She said she shot a warning shot while arguing with her husband. The problem is, she left his home to retrieve her gun from her car and returned to the argument inside his home. She had a gun and fired it, was convicted and got 20 years.
ChiciB1
(15,435 posts)that seem to go on and on and on, I do recall something being said about changing it. But then there was another site that showed a graph explaining that since this law was passed that there was a significant drop in crime.
I've lived in Florida for a very long time, so given what's going on here I don't know what to believe. With GZ, seems law enforcement wants NOT this to apply, but then depending on WHO they're going after, this law makes them very happy!
I look up the case, thanks.
Jenoch
(7,720 posts)is quoted as saying the law was not intended to apply to situations such as Alexander's but was meant for 'normal' gun crime such as robbing a liquor store with a gun.
ChiciB1
(15,435 posts)But I say, don't make a law that doesn't stipulate EXACTLY what it's supposed to mean. Especially in today's climate. I'm not sure that some legislators even thought through the SYG law, just look where we are now!!
Jenoch
(7,720 posts)I don't think every single scenario that might get caught up in the law can be dreamed up. I also think the application of the laws can get really complicated and a lot of misunderstandings occur.
SummerSnow
(12,608 posts)ChiciB1
(15,435 posts)make your own assumptions. I found this last week & so far it seems that this very well could apply. But, when you google there are statutes & their numbers, think 775.087 is one, but not sure of the number. I've looked at versions that are listed and because I'm no legal expert didn't read all of them. Got tired of reading & reading. The following is the post.
Slippery Slope's Post Here:
This post is to explain some details of Florida sentencing laws, specifically the "10-20-Life" law, and how they relate to the Zimmerman trial.
Some people have expressed surprise that this case wasn't plea bargained down to a lesser offense (such as manslaughter), and others have expressed dismay that the prosecution might not be able to convict on second degree murder charges. Understanding the sentencing laws in this case could help provide clarity on these issues.
Slightly simplified; the Florida "10-20-Life" law requires that anybody convicted of a crime that involved shooting another person is going to face a prison sentence of 25 years to life. This sentence is automatic and there is no judicial discretion.
First point: Consider what this means with regards to a plea bargain. GZ was charged with second degree murder. The penalty for this crime is 25 years to life. If GZ had accepted a plea bargain down to manslaughter, he would still be facing 25 years to life. If GZ had accepted a plea bargain down to aggravated battery, he would still be facing 25 years to life. Any "reasonable" plea that could have been offered to GZ would have effectively had the same penalty so there is little incentive in this case to offer or accept a plea.
Second point: What verdict would be a "win" for the prosecution in this case? Although GZ has been charged only with second degree murder, the jury can choose to find him innocent on that charge but guilty on a lesser charge. Under Florida law, there are four possible charges in this case that the jury could convict GZ of:
* Second degree murder
* Manslaughter
* Aggravated Battery
* Battery
Being convicted of any of the first three charges will trigger the "10-20-Life" law. Being convicted of simple battery would not, however aggravated battery under Florida law means "battery with a deadly weapon". Since GZ clearly did use a deadly weapon, it is nearly inconceivable that a jury could find him guilty of simple battery.
Since any of the first three charges trigger the "10-20-Life" law, effectively any one of them is as good as the other for the prosecution. GZ will be facing 25 years to life if convicted of any.
Basically then, there are three outcomes that are a victory for the prosecution and only one that is a victory for GZ.
CatWoman
(79,302 posts)kentuck
(111,111 posts)Involuntary manslaughter
Jenoch
(7,720 posts)that says that charge and sentence is part of Florida law.
reflection
(6,286 posts)Easy money. No way in hell he gets 35 to 40 years.
I'll be happy if they just get him on manslaughter, although I'd prefer the 2DM conviction. But if he walks I will feel as if justice took a day off.
Callmecrazy
(3,065 posts)It's Murder or freedom. The defense didn't want manslaughter, only murder. Probably because the jury might be more willing to find for the lesser charge but not 2DM.
I'm sitting here at my folks house in North Port, Fl watching the trial on HLN and the defense is driving me nuts with the idiotic questions he was asking the boys mother. What a dick.
In my opinion, if a guy starts some shit with someone who is walking down the street and gets his ass kicked, shooting the guy is not self defense, it's murder.
dkf
(37,305 posts)They would still have to prove beyond a reasonable doubt it was not self defense. That's if the jury is instructed by the judge that Zimmerman has met the threshold for self defense.
cthulu2016
(10,960 posts)That does not mean Zimmerman is not guilty of something in the abstract. It means that there is no evidence, or if there is evidence it is not being presented to the jury.
Since I wasn't there I am stuck limiting my legal analysis to evidence presented and the system of American law. There has been no evidence sufficient for a unprejudiced jury to find guilt beyond a reasonable doubt.
That is how one analyzes a trial. The evidence presented in the context of the law.
unblock
(52,489 posts)many, many threads about what amounts to did violate the law or not
very, very few thread about can any such violation be proven beyond a reasonable doubt.
personally, it seems to me that the preponderance of evidence is that he is guilty; but of course that is the standard for a civil trial, and this is a criminal trial.
it also seems clear to me that zimmerman brought an unreasonable person's fear into the situation, but that doesn't prove, beyond a reasonable doubt, that a reasonable person would have acted differently.
on the other hand it's hardly an open-and-shut case because there's plenty of blanks to fill in regarding exactly what transpired.
i don't envy the jury's job here. it's actually a tough call.
Honeycombe8
(37,648 posts)rollin74
(1,995 posts)avebury
(10,953 posts)I am not confident of the outcome because we live in such a gun culture society.
Honeycombe8
(37,648 posts)avebury
(10,953 posts)I would settle for manslaughter if it would give us a conviction.
Honeycombe8
(37,648 posts)with no regard for human life" is a pretty high bar that I don't see the evidence leaning that way (that's 2nd degree murder).
But a jury can do anything. They see all the evidence and have a unique view of it, and have the benefit of discussions with the other jurors who disagree.
1-Old-Man
(2,667 posts)raccoon
(31,131 posts)Brother Buzz
(36,498 posts)"I'm innocent", the same two words most every prisoner says.
DFW
(54,502 posts)I'll bet the jury finds no agreement on that charge he's guilty of, and they either give up or declare a mistrial.
I'd love him to be convicted of SOME kind of mayhem, because from all reports I've read, he was an armed hothead who was out for blood sooner or later, and a menace to his community. He sure as hell turned out to be a menace to Trayvon Martin.
But I see stumbling blocks in getting a conviction of one specific offense, and his defense will be trying to exploit just that. No one doubts he shot Martin, so they have to belittle any evil intent in the deed. There sure seemed to be plenty of that, but there has to be that beyond a reasonable doubt. If that gets sown, and cannot be overcome by the prosecution, then Zimmerman walks until he shoots his next victim (or until he tries to pull his gun on the wrong person, and then himself becomes the next statistic). I'm not optimistic.
olddots
(10,237 posts)his defense team will become heroes for the anti progress turd maggots of the world and it will be a very long and hot summer .
Bake
(21,977 posts)The jury blew it, the prosecution blew it, etc.
He's getting a fair trial. Better for 100 guilty persons to go free than for an innocent person to be convicted, or so we claim to believe.
We shall see.
Bake
NaturalHigh
(12,778 posts)rollin74
(1,995 posts)OmahaBlueDog
(10,000 posts)He may plea deal the 2nd trial.
bike man
(620 posts)Response to darkangel218 (Original post)
Name removed Message auto-removed
uppityperson
(115,681 posts)ripcord
(5,553 posts)Unfortunately I don't think the prosecution will get a conviction.