Toasters find ANY doubt reasonable.
lol
lol
Predict the Zimmerman verdict
2seaoat wrote:Not it's not that simple. You have to believe something BEYOND A REASONABLE DOUBT. Not just believe it. If you have a reasonable doubt about your belief, then the law is telling you your belief doesn't count when you're making your decision as a juror.
Again Bob.....I will be patient. In the law there are Affirmative defenses to criminal charges. An affirmative defense can justify the otherwise proven crime. A self defense affirmative defense requires some evidence of the same to overcome the otherwise proven elements of a case. Yes, the standard of proof is beyond a reasonable doubt, but there is a burden to present evidence that the self defense instructions have been met, and the otherwise proven manslaughter case can be excused because the killing was justified. The two elements of manslaughter which must be proven beyond a reasonable doubt are as followed:
1 The victim is dead..................do you have reasonable doubt
2 The defendant intentionally caused the act or acts that caused the death of the victim......................do you have reasonable doubt
The defense has asserted an affirmative defense which means they must show evidence that can justify the death, and the instructions say that if manslaughter by act is justified, the jury must find a NG verdict. Florida contrary to what the idiot talking heads have been saying is not a negligence Manslaughter state....it is an ACT state, so now the burden does shift to the defense to show the evidence which justifies the killing which as an affirmative defense destroys and otherwise perfect manslaughter case where the two elements have been met. I have tried for weeks to communicate this on this forum, and I am consistently met with responses which quite frankly do not understand the concepts, the instructions, the law, or the facts in evidence. There are people who did not even know the state had the final closing.......If I seem like a jerk....let me try instructing you on how to repair a Wulitzer, or tell you the age of a machine and I am a decade off.......this is a simple criminal case which has a common fact pattern. This is not rocket science, but the lack of understanding on this case, and the discussion of racial riots......utter ignorance and prejudgment.
2seaoat wrote:Exactly. We can't decide which scenario actually occurred so it would be against our laws to find him guilty of anything.
You neither understand the law or the evidence in this case.
Slicef18 wrote:2seaoat wrote:I still have reasonable doubt that Zimmerman WAS NOT defending himself.
Do you understand Bob what you have just said. The state has a dead body. There is not one scintilla of evidence or reasonable doubt that anybody other than Zimmerman killed the victim. The only element left which there may be reasonable doubt is was the killing justifiable. You have just stated above that you have reasonable doubt on the self defense which would make this justifiable. If you doubt the self defense, you must convict because there is no justification for the killing. This is a simple common criminal trial. These usually take place in a bar or behind a bar, but as we speak, across this country there are hundreds of similar cases where there might not be murder, but the self defense is argued. We have people who have approached this case as a racial case. It is not. It should have been charged immediately. It should not have the fanfare it has. George Zimmerman is a common criminal who has lied to justify his killing of a 17 year old kid. The color of the kid or Mr. Zimmerman makes no difference. This talk of riots is exceptional......it would be like me talking about my cancer and talking about some miracle cure.....it simply does not happen except in extraordinary situations. Riots on racial trials are not an automatic. They have happened, but to make that conclusion one has to jump to the conclusion that this was a racial trial.......this was a simple criminal trial which the jury verdict will confirm. It was an unjustified killing of a 17 year old kid. Sure the racial profiling was important, but the state knowingly charged 2nd degree because all prosecutors know that if they argue 2nd there is a high likelihood that the jury will compromise on the manslaughter. This has been a very good trial.
Self defense does not require you be in mortal danger.
LEGALLY, self defense only requires one "believe" they are in danger of "bodily harm." They DO NOT need to believe they are in "mortal danger." This is Florida law. A woman being raped may use any lethal weapon under Florida's definition of "self defense."
2seaoat wrote: Your opinion is that sufficient evidence has been presented to justify the proven Manslaughter.
Last edited by Bob on 7/13/2013, 2:28 pm; edited 1 time in total
2seaoat wrote:Not it's not that simple. You have to believe something BEYOND A REASONABLE DOUBT. Not just believe it. If you have a reasonable doubt about your belief, then the law is telling you your belief doesn't count when you're making your decision as a juror.
Again Bob.....I will be patient. In the law there are Affirmative defenses to criminal charges. An affirmative defense can justify the otherwise proven crime. A self defense affirmative defense requires some evidence of the same to overcome the otherwise proven elements of a case. Yes, the standard of proof is beyond a reasonable doubt, but there is a burden to present evidence that the self defense instructions have been met, and the otherwise proven manslaughter case can be excused because the killing was justified. The two elements of manslaughter which must be proven beyond a reasonable doubt are as followed:
1 The victim is dead..................do you have reasonable doubt
2 The defendant intentionally caused the act or acts that caused the death of the victim......................do you have reasonable doubt
The defense has asserted an affirmative defense which means they must show evidence that can justify the death, and the instructions say that if manslaughter by act is justified, the jury must find a NG verdict. Florida contrary to what the idiot talking heads have been saying is not a negligence Manslaughter state....it is an ACT state, so now the burden does shift to the defense to show the evidence which justifies the killing which as an affirmative defense destroys and otherwise perfect manslaughter case where the two elements have been met. I have tried for weeks to communicate this on this forum, and I am consistently met with responses which quite frankly do not understand the concepts, the instructions, the law, or the facts in evidence. There are people who did not even know the state had the final closing.......If I seem like a jerk....let me try instructing you on how to repair a Wulitzer, or tell you the age of a machine and I am a decade off.......this is a simple criminal case which has a common fact pattern. This is not rocket science, but the lack of understanding on this case, and the discussion of racial riots......utter ignorance and prejudgment.
Bob wrote:2seaoat wrote: Your opinion is that sufficient evidence has been presented to justify the proven Manslaughter.
That one sentence is at the heart of your post.
No, AGAIN that is NOT my opinion. If I was a juror having to decide this,
my opinion would be that sufficient evidence has been presented to give me a REASONABLE DOUBT that the state is wrong. Or put another way, I believe there is a REASONABLE POSSIBILITY that the defense is correct.
The problem with every post you've made so far is it ignores those words, "reasonable doubt" as if that principle does not exist.
What you keep missing is that even if "my opinion" or "my belief" is that Zimmerman is guilty, IF I STILL HAVE A REASONABLE DOUBT ABOUT THAT BELIEF OR OPINION then I'm required BY LAW to acquit.
2seaoat wrote:I still have reasonable doubt that Zimmerman WAS NOT defending himself.
Do you understand Bob what you have just said. The state has a dead body. There is not one scintilla of evidence or reasonable doubt that anybody other than Zimmerman killed the victim. The only element left which there may be reasonable doubt is was the killing justifiable. You have just stated above that you have reasonable doubt on the self defense which would make this justifiable. If you doubt the self defense, you must convict because there is no justification for the killing. This is a simple common criminal trial. These usually take place in a bar or behind a bar, but as we speak, across this country there are hundreds of similar cases where there might not be murder, but the self defense is argued. We have people who have approached this case as a racial case. It is not. It should have been charged immediately. It should not have the fanfare it has. George Zimmerman is a common criminal who has lied to justify his killing of a 17 year old kid. The color of the kid or Mr. Zimmerman makes no difference. This talk of riots is exceptional......it would be like me talking about my cancer and talking about some miracle cure.....it simply does not happen except in extraordinary situations. Riots on racial trials are not an automatic. They have happened, but to make that conclusion one has to jump to the conclusion that this was a racial trial.......this was a simple criminal trial which the jury verdict will confirm. It was an unjustified killing of a 17 year old kid. Sure the racial profiling was important, but the state knowingly charged 2nd degree because all prosecutors know that if they argue 2nd there is a high likelihood that the jury will compromise on the manslaughter. This has been a very good trial.
Bob wrote:2seaoat wrote:To not convict Mr. Zimmerman of manslaughter, you need to believe that the killing was justified. It is that simple under the instructions. Bob, if you believe the killing was justified. You would vote guilty. I did not find the killing justified. I would vote for manslaughter. However, what we vote does not matter, but to misstate the law as given to the jury is simply not correct and one of the criticisms of the jury system is that citizens are incapable of understanding the complexities of evidence and the law as instructed. I disagree. I think jurors usually pay attention.......I however do not believe all observers do the same.
No that is ABSOLUTELY NOT CORRECT, seaoat. It's not correct because what you have ommited is crucial.
Because you have completely ignored one of the most significant legal principles in our entire criminal justice system. The burden of proof.
It's not just a phrase that you can gloss over and ignore as you have done.
It is paramount if you have regard for the law.
Here is what you said...
To not convict Mr. Zimmerman of manslaughter, you need to believe that the killing was justified. It is that simple under the instructions.
Not it's not that simple. You have to believe something BEYOND A REASONABLE DOUBT. Not just believe it. If you have a reasonable doubt about your belief, then the law is telling you your belief doesn't count when you're making your decision as a juror. It's THAT simple.
I just read about that. It's disturbing. According to what I have read, the defense only received this information days before the trial started.Slicef18 wrote: Fired State Attorney Ben Kruidbos the information technology director when he testified last month that he was worried prosecutors didn’t turn over information about deleted images and text messages Kruidbos recovered from Trayvon Martin’s cell phone, including photos of a hand holding a gun and a plant that looked like marijuana. M.r Kruidbos has hired an attorney to represent his suit against the Prosecutors of the George Zimmerman case.
2seaoat wrote:Bob,
Aggressor. § 776.041, Fla. Stat.
However, the use of deadly force is not justifiable if you find:
Give only if the defendant is charged with an independent forcible felony. See Giles v. State, 831 So. 2d 1263 (Fla. 4th DCA 2002).
1. (Defendant) was attempting to commit, committing, or escaping after the commission of (applicable forcible felony); or
Define applicable forcible felony. Define after paragraph 2 if both paragraphs 1 and 2 are given. Forcible felonies are listed in § 776.08, Fla. Stat.
2. (Defendant) initially provoked the use of force against [himself] [herself], unless:
a. The force asserted toward the defendant was so great that [he] [she] reasonably believed that [he] [she] was in imminent danger of death or great bodily harm and had exhausted every reasonable means to escape the danger, other than using deadly force on (assailant).
b. In good faith, the defendant withdrew from physical contact with (assailant) and clearly indicated to (assailant) that [he] [she] wanted to withdraw and stop the use of deadly force, but (assailant) continued or resumed the use of force.
A person defending themselves can be the aggressor if the bold print conditions exist.
Nekochan wrote:I just read about that. It's disturbing. According to what I have read, the defense only received this information days before the trial started.Slicef18 wrote: Fired State Attorney Ben Kruidbos the information technology director when he testified last month that he was worried prosecutors didn’t turn over information about deleted images and text messages Kruidbos recovered from Trayvon Martin’s cell phone, including photos of a hand holding a gun and a plant that looked like marijuana. M.r Kruidbos has hired an attorney to represent his suit against the Prosecutors of the George Zimmerman case.
Dreamsglore wrote:Nekochan wrote:I just read about that. It's disturbing. According to what I have read, the defense only received this information days before the trial started.Slicef18 wrote: Fired State Attorney Ben Kruidbos the information technology director when he testified last month that he was worried prosecutors didn’t turn over information about deleted images and text messages Kruidbos recovered from Trayvon Martin’s cell phone, including photos of a hand holding a gun and a plant that looked like marijuana. M.r Kruidbos has hired an attorney to represent his suit against the Prosecutors of the George Zimmerman case.
I think before all this is over Angela Corey will be brought up on criminal charges.
Last edited by Nekochan on 7/13/2013, 3:55 pm; edited 1 time in total
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