Al Sharpton just hinted going Federal and Civil

[bigdarryl]

So it isn't over

[ShadowLiberal]

1. To do what? You can't charge him again, double jeopardy

[JTFrog]

2. He can be sued in a civil trial.

Same as OJ Simpson.

[Travis_0004]

6. Not under FL law

If he is found not guilty in criminal court, he can not be sued in civil court.

[bigdarryl]

16. The Martin family has lawyers in case

Of a civil suit.So I never heard of a person not being able to sue over the death of a family member.

[Igel]

25. Seriously?

Time to Google and maybe learn something.

[Blackford]

29. That ONLY applies to the stand our ground law

He chose not to take a stand your ground defense.

He is liable under Civil law and the standard is now preponderance of the evidence, not reasonable doubt.

[X_Digger]

8. Nope, not even that, legally.

Well, they can file a civil suit, but by state law, if your shooting is ruled self-defense, you are immune from civil suit.

The origin of this was from armed robbers' families suing the victims who shot and killed the armed robber.

[Blackford]

31. Only under Stand Your Ground

Zimmerman did not mount a Stand Your Ground defense.

He's liable in civil proceedings.

[Hugabear]

4. He can be charged with violating Trayvon's civil rights

Hopefully they'll do that

[kestrel91316]

21. I think that can only be done if he acted under color of law.

Somebody tried to sue me (and 40 other defendants) in federal court 15 years ago for violating their civil rights and the judge ruled that the law didn't even apply to me because my actions were all as a private citizen (not to mention that what she claimed happened didn't actually happen, lol).

[rhett o rick]

5. Sue him for wrongful death. nm

[Mr. David]

11. GZ just got immunity from civil lawsuits the minute the "not guilty" verdict went in.

So the course is not civil, but rather upgrade it to Federal Hate Crime that is a Capital Crime that has a death sentence.

GZ will ultimately die in Marion, Indiana.

[rhett o rick]

12. His not guilty verdict has nothing to do with civil actions. nm

[Mr. David]

14. Florida law protects criminals who are found not guilty from any further lawsuits..

[rhett o rick]

17. Yikes. How nice. Thanks for the explanation. nm

[JVS]

18. Doesn't that depend on whether it was found to be self defense (no liability) or lack of evidence?

[JTFrog]

22. So are the Florida attorney websites and victims of crime websites I'm reading lying?

http://www.goldmandaszkal.com/wrongful-death.html

Although a wrongful death claim does not require a criminal prosecution in order to be viable, criminal prosecutions for murder or manslaughter may take place side by side with civil claims for wrongful death for the same incident. An estate may wait until after a criminal prosecution to bring a wrongful death claim to see the results of the criminal case. Prosecutors may decide not to pursue charges in a particular case, but this does not preclude a civil suit for wrongful death. While the two types of cases often proceed closely to one another, they are ultimately independent.

Because of the different burdens of proof, each case may have a very different outcome. The most famous example is the O.J. Simpson case from the 1990’s, where a jury acquitted Simpson of the criminal charge of murder, but a civil jury found him liable for wrongful death and ordered him to pay damages.

The Deerfield Beach wrongful death lawyers at Goldman & Daszkal, P.A., represent the interests of Floridians who have lost their lives due to negligence or illegal activity, and work to preserve the rights of the decedent’s heirs and loved ones. Contact the firm through this website or at 888-504-HURT (4878) for a free and confidential consultation to discuss your case.

http://www.victimsofcrime.org/docs/NCVBA/florida.pdf?sfvrsn=2

The National Crime Victim Bar Association

XVI.Conclusion
The civil justice system offers victims of crime another opportunity to secure what they seek most – justice. Regardless of whether there was a successful criminal prosecution or any prosecution at all, victims can bring their claims before the court and ask to have the responsible parties held accountable. While money awarded in civil lawsuits can never fully compensate victims for the trauma of their victimizations or the loss of loved ones, it can provide valuable resources for crime victims to help rebuild their lives. For more information about civil justice for crime victims, or to order more copies of this booklet, please contact the National Crime Victim Bar
Association.

[Igel]

26. No. Incomplete.

They give part of the story, and it's an important part.

It's not the whole story. Think of the story as having a "this is what usually happens" bit and then later the guy has to come back to account for exceptions and things that happen under specific conditions.

This is from
http://www.volokh.com/2012/03/27/floridas-self-defense-laws/
Not typically noted as a left-wing source. But he's a lawyer at UCLA law school. Don't know if he wrote this particular page or not.

------------
Fla. Stat. § 776.032. Immunity from criminal prosecution and civil action for justifiable use of force

(1) A person who uses force as permitted in s. 776.012 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer, as defined in s. 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, the term “criminal prosecution” includes arresting, detaining in custody, and charging or prosecuting the defendant
----------

And that's it for a state-level civil suit.

[msanthrope]

23. Could you cite that? nt

[Igel]

27. See post 26, this thread. n/t

[msanthrope]

34. Um....no. No Peterson hearing was held, so the statutes cited are not applicable to the claim

that 'no civil suit can be filed.'

[Blackford]

32. Only under the Stand Your Ground law.

He did not mount a Stand Your Ground defense, so he is still liable under civil law.

[meow2u3]

24. The Martins can sue in Federal court on civil rights violations

http://www.law.cornell.edu/uscode/text/42/1983

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.

[Mr. David]

13. State, yes, but not federal.

and it _IS_ a federal hate crime matter now. The one that has the needle waiting for GZ.

Double jeopardy does not apply here.

[Lex]

28. BZZZZT. WRONG. He can be charged on the Federal level. nt

[senseandsensibility]

3. I hope Trayvon's parents pursue this as far as the law will allow..

I didn't want to post this before the verdict, but as soon as I heard there were no blacks on the jury, I knew that this would be the likely outcome. I feel so sorry for his parents.

[arthritisR_US]

7. The make up of the jury was a real issue for

me too!

[Mr. David]

9. Federal hate crime laws should apply here.

GZ can still be charged with capital crime that is enhanced by hate crimes.

That will get him the needle. He deserves it.

[JRLeft]

20. SCOTUS will overturn any Federal Crime conviction.

[Dawson Leery]

10. The old f**king south lives!

[Ilsa]

15. I just posted the same thing and got

a big "Who cares?" DUers.

I hope the civil suit ruins Zimmerman's life.

[Lex]

30. You think Federal charges can't be leveled?

Or are you too busy touching yourself about Al Sharpton?

[Blackford]

33. Wow

just wow.

I know what to do now.

[Purveyor]

35. Then proceed. I remain... eo