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Nepenthe

The Trayvon Martin Case

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I know, I was just getting the religious part out of the argument.

Yeah, religion was definetly not a factor at least for what the evidence shows.

I am going look up and see if I can find anything facepalm worthy by Fox News regarding the whole thing. happy.png

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> A minor is shot and killed.

> Killer walks free.

> SSMB argues about Constitutional Law instead.

I love you guys sometimes. :3

But on a serious note, the special prosecutor is planning to announce that Zimmerman will be formally charged! Great news, even if it was way too slow in coming.

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> A minor is shot and killed.

> Killer walks free.

> SSMB argues about Constitutional Law instead.

I love you guys sometimes. :3

But on a serious note, the special prosecutor is planning to announce that Zimmerman will be formally charged! Great news, even if it was way too slow in coming.

Thats good hopefully he will been Daddy's little bitch in prison.tongue.png

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I can't watch FOX for more than five minutes before brain cells start dying.

To FOX's credit, they called out NBC for releasing a doctored phone call Zimmerman made to 911, and made it appear that Zimmerman was making a blatant racist remark, when it wasn't the case in reality. NBC fired the news reporter who doctored that call in response, and the call was unedited again.

Everyone has their own view on this case, but I think one thing everyone can agree on is that each piece of evidence shouldn't be edited, no matter which side it benefits. So for that, I commend FOX.

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To FOX's credit, they called out NBC for releasing a doctored phone call Zimmerman made to 911, and made it appear that Zimmerman was making a blatant racist remark, when it wasn't the case in reality. NBC fired the news reporter who doctored that call in response, and the call was unedited again.

Everyone has their own view on this case, but I think one thing everyone can agree on is that each piece of evidence shouldn't be edited, no matter which side it benefits. So for that, I commend FOX.

I was pissed about this when it leaked. MSNBC is just becoming the liberal version of FOX. And CNN just blows.

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Why not? Some people want him dead, I though that was pretty light. ohmy.png

Those people are also wrong; I don't really agree with vigilantism and retributive blood lust in these kinds of cases. Him being processed through the court system is enough, and it would be fucking awesome if he was at least successfully charged with manslaughter. Wishing that significant harm comes to him like rape- something no one should have to suffer- is just dickish.

Edited by Nepenthe

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I remember we had a thead about the "Stand Your Ground" law a while ago. I ranted about it quite a bit, going so far as to say people might use the law as an excuse to get away with murder

This is one of those times I'd have prefered to have been proven wrong.

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As botched as the initial investigation had been, I believed the prosecutor Angela Corey would've gone with manslaughter to not overshoot any expectations and face extreme risk of an acquittal. Second-degree murder? Holy shit. She's either really cocky or this man is definitely going away for a minute.

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The prosecution could very well have evidence on hand, that wasn't dragged through media avenues, that would justify the harsher second-degree murder charge as well.

Browsing through other forums, I found someone who linked a snippet of what trial proceedings will look like from here on. They seem pretty reasonable, but if anyone knows better about this, feel free to call this wrong:

He will be booked and processed at the jail, then have to go before a judge for his first appearance where he can be granted a pre-trial bond.

Since Second Degree Murder with a Firearm is punishable by life, he is not entitled to bond as a matter of right, however, a judge has the discretion to grant him bond. If the initial appearance judge decides to hold him without bond, and the State seeks to continue to hold him without bond pending trial, the State will have to put forward evidence at a pretrial hearing that the proof of his guilt is evident, and the presumption of guilt (based upon the evidence) is great. Even if the State does this, the judge still has the discretion to grant him bond before the trial. He will also have to retain a lawyer, or have one appointed for him if he is indigent.

He has a right to a speedy trial within 175 days. This right can be waived by his lawyer if the case needs additional time to be prepared. Prior to the trial, his lawyers will conduct discovery, including deposing the State's witnesses.

The defendant will probably file a Motion to Dismiss the charge pursuant to Stand Your Ground. At the hearing at the Motion to Dismiss, the defendant will have to establish, by a preponderance of the evidence, that he is immune from prosecution because he was acting under Stand Your Ground. This hearing is done with a judge, not a jury. If the State carries the burden, although the charges against the defendant are not dismissed, the Defendant can still raise the defense at his jury trial and the State has to prove beyond a reasonable doubt that, first, he committed Second Degree Murder and second, that he was not acting in self defense.

Manslaughter is a lesser included offense to Second Degree Murder, so, even if the State fails to prove that he committed Second Degree Murder, he can be convicted of any of the lesser included offenses.

It is important to note that Second Degree Murder with a Firearm falls under Florida's 10/20/Life law - meaning that if he is convicted under 10/20/Life, he must be sentenced to at least 25 years in prison, with a maximum of Life. Florida does not have a parole system. That sentence would be a minimum mandatory sentence, meaning that he would have to serve 100% of his sentence. Manslaughter with a Firearm does NOT fall under 10/20/Life.

Edited by Modern Tom

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Sounds about right to me.

Two Three notes:

  • Even if he was normally eligible, he's an obvious flight risk so they wouldn't give him bond.
  • His trial will be done and out of the way probably within three months because of all of the media attention it is getting.
  • Note the distinction between proving Stand Your Ground doesn't apply and proving it is murder. Preponderance of the evidence basically means "the evidence probably says this," so all they have to do is show that Stand Your Ground probably doesn't apply (and they only have to do it to a judge), and that ceases to be a defense and he's basically screwed. And all they'd probably need to do to show that is play the initial 911 call.

Edited by Tornado

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First Degree: Premeditated.

Second Degree: Not premeditated, but intent to kill was still present existed.

3rd Degree/Voluntary Manslaughter: Not premeditated. Intent to kill existed, but crime was done out of passion rather than calculated.

Involuntary Manslaughter: Accidental death caused by criminal negligence. No intent to kill.

Edited by Tornado

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