tag:blogger.com,1999:blog-7566778230970156239.post5513493896591535940..comments2024-03-28T00:50:16.901-05:00Comments on Life at the Harris County Criminal Justice Center: The Zimmerman VerdictMurray Newmanhttp://www.blogger.com/profile/00662196272138109874noreply@blogger.comBlogger18125tag:blogger.com,1999:blog-7566778230970156239.post-64018086561824881332013-07-21T22:05:58.646-05:002013-07-21T22:05:58.646-05:00So is this the explanation why when a cop kills an...So is this the explanation why when a cop kills an unarmed individual, by simply claiming "I feared for my life" he gets a free walk from the DA?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-5763383629934849962013-07-17T06:55:15.837-05:002013-07-17T06:55:15.837-05:00Farand Scott is prima fascia evidence that some pe...Farand Scott is prima fascia evidence that some people are not worth the trouble to educate. No fact you tell this person will ever be accepted.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-43705417604496373182013-07-16T16:31:56.083-05:002013-07-16T16:31:56.083-05:00Anonymous says, "Provoking the difficulty req...Anonymous says, "Provoking the difficulty requires that 1) a person does some act or uses word to provoke the attack on himself, 2) the words or act were reasonably intended to provoke the attack by the other, and 3) the acts or words were done with the intent that the person would have the excuse for inflicting harm on the other." <br /><br />Is this based on case law? If so, to use provoking the difficulty to negate self defense is a heavy burden indeed. The question remains, does Florida have such a law and did the State attempt to introduce evidence and charge the jury accordingly? I've been unable to find any discussion of these questions on the Internet. <br /><br />My personal opinion is that Zimmerman started a fight knowing that he would have to shoot Martin if Martin resisted, using possibly deadly force, being arrested or stopped for investigation. There should be a law requiring that civilians like Zimmerman, in such circumstances, not attempt to restrain or arrest someone.Anonymoushttps://www.blogger.com/profile/08440077424620474798noreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-3700490406609565522013-07-16T15:37:22.111-05:002013-07-16T15:37:22.111-05:00I agree w/verdict based upon the defense raised ag...I agree w/verdict based upon the defense raised against the crime charged. Several crimes were committed. The 1st disobeying law enforcement when told nt to pursue, and to remain until law enforcement arrives. Secondly in discharging the duties of the neighborhood watch he is prohibited from carrying a weapon. Next Zimmerman did shoot and kill Trayvon. Deadly force is partly defined as using a similarly amount of force not elevated (reminds me of the addage bringing a knife to a gunfight). The idea of prosectorial misconduct shd B raised. the comment that this was not abt race, it was abt profiling. Really? Based upon what? I disagree that the media was the only ones to harp on race. It's the reason the caucasian police chief got fired and replaced by an African-American one replaced him. Also Y a white lead-prosecutor did most of presenting while Af-Am ones addressed the press and took the some heat. For once can 'we' stop playing like racism/predjudice doesn't exist and stop trying to talk about race-relations w/o 'talking' about it?Anonymoushttps://www.blogger.com/profile/12313911601172125434noreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-13372524086405479872013-07-16T13:40:31.525-05:002013-07-16T13:40:31.525-05:00Assuming the clarification is sought in good faith...Assuming the clarification is sought in good faith and not as argument -Like most jurisdictions, Texas' law on self defense and deadly force in defense of a person was (I presume still) is not only complicated but confusing as well. The use of deadly force is a mixture of an objective and subjective standard. A predicate for the use of deadly force is that the individual first satisfy the requirements for the use of non deadly force including limitations imposed by provoking the difficulty, duty to retreat, and whether that person was legally armed, etc. <br />The question distills to whether approaching or "pursuing" somebody = provoking the difficulty = "looking for trouble." Although I suspect that in some neighborhoods in Harris County and particularly the City of Houston such activity may be characterized as "looking for trouble" Zimmerman was doing nothing unlawful by following Martin. Zimmerman was a licensed handgun holder. Provoking the difficulty requires that 1) a person does some act or uses word to provoke the attack on himself, 2) the words or act were reasonably intended to provoke the attack by the other, and 3) the acts or words were done with the intent that the person would have the excuse for inflicting harm on the other. The bottom line is that the use of the force, unless limited, must be based upon a reasonable belief I assume, based upon the evidence, that Zimmerman had no intent to provoke a difficulty in order to get pummeled so that he could shoot Martin.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-42423200145767714472013-07-16T09:51:44.407-05:002013-07-16T09:51:44.407-05:00Just a clarification from someone who would know:
...Just a clarification from someone who would know:<br /><br />If this were to happen in Texas, wouldn't Zimmerman be in a much tougher situation? Didn't he pursue someone while armed? As far as my understanding of the law goes, that constitutes "looking for trouble" and would place the responsibility on Zimmerman for provoking a confrontation.Treyhttps://www.blogger.com/profile/16549567228528203149noreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-5085166301747679112013-07-16T09:35:15.974-05:002013-07-16T09:35:15.974-05:00Well stated as usual Mr. Hartmann.Well stated as usual Mr. Hartmann.Mark W. Stephensnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-54120559890278855612013-07-15T20:47:13.175-05:002013-07-15T20:47:13.175-05:00Prosecutorial misconduct - Alan Dershowitz has sug...Prosecutorial misconduct - Alan Dershowitz has suggested that the State's Attorney, Angela Corley, in the Zimmerman prosecution should be disbarred - Mark Steyn has described Corley as a "wack job." After watching her pathetic performance on television following the return of the Zimmerman verdict I think that both Dershowitz and Steyn were arguably being too kind in the assessment of this woman. I feel very sorry for those individuals in the employ of what is apparently a political hack. Unfortunately, I remember years ago when the Harris County District Attorney's Office hired a highly recommended member from another Florida State Prosecutor Office - that individual could have been described similarly by Dershowitz and Steyn. Based upon what I have read it appears that the prosecutors in the 4th Judicial District of Florida have never heard of Brady v. Maryland. I am ashamed that one might contend that these folks are in the prosecutor fraternity (or sorority). By the way I agree with the verdict. This prosecution was initiated by "mob rule" and a corrupt media<br />Calvin A. HartmannAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-28347524017899676592013-07-15T14:06:25.743-05:002013-07-15T14:06:25.743-05:00There have been photos on the internet that show a...There have been photos on the internet that show a different image of Martin than the one shown hooded and without hood. Has the media been fair in only showing these two photos? I want to know, or even see how tall and how heavy Martin was when he was shot. Did Zimmerman have reason to even fear Marin because of his size? I agree the verdict is correct.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-15872175992019905682013-07-15T09:49:17.155-05:002013-07-15T09:49:17.155-05:00Interesting that no one has commented on the possi...Interesting that no one has commented on the possibility of prosecutorial misconduct in the Zimmerman trial. Any thoughts?Mark W. Stephensnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-16388963153474910572013-07-15T09:28:45.373-05:002013-07-15T09:28:45.373-05:00What are your thoughts on the civil rights leaders...What are your thoughts on the civil rights leaders calling for the Justice Dept to launch a civil investigation due to a violation of Martin's civil rights? If they do investigate, shouldn't they then do that (investigate) on EVERY single case in America where different races are involoved in a criminal matter and there is believed to be a violation of someone's civil rights?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-68575304859219659922013-07-15T07:40:44.235-05:002013-07-15T07:40:44.235-05:00For someone who did not watch any part of this tri...For someone who did not watch any part of this trial, but of course read about it, I think this really helped me understand the law. Great job!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-65479019853948692182013-07-15T02:47:50.905-05:002013-07-15T02:47:50.905-05:00You are an outstanding lawyer as well. And by the...You are an outstanding lawyer as well. And by the way, I think an all male jury would have acquitted Mr. Byrd.Eric J. Davishttp://www.myobjectionis.comnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-22821866574333625952013-07-14T18:06:43.103-05:002013-07-14T18:06:43.103-05:00Well said.Well said.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-69767352327311990452013-07-14T12:22:30.239-05:002013-07-14T12:22:30.239-05:00If Jason evaluates all of the facts, "provoki...If Jason evaluates <i>all</i> of the facts, "provoking the difficulty" doesn't so easily settle the matter in the way he suggests. The available evidence indicates that Zimmerman lost sight of Martin and was returning to his truck, reportedly to wait for the officer Zimmerman asked the dispatcher to send. To the extent that Zimmerman could be characterized as an aggressor, he was no longer. Also based on the available evidence, Martin was last seen headed in the direction of his residence and, out of Zimmerman's sight, could have continued to his residence unmolested.<br /><br />So that leaves the question of why, with the opportunity to continue to his destination, Martin chose to remain in or return to the area where the fatal encounter would take place. We can do little more than guess, but Martin's choice does suggest that Martin may have "provoked the difficulty," to use Jason's words. Without Martin's unfortunate choice to confront, there likely would have been no fatal encounter.Thomas Hobbeshttps://www.blogger.com/profile/10832779920216463979noreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-7224983578701119952013-07-14T11:28:39.608-05:002013-07-14T11:28:39.608-05:00I think that the most interesting issue is one of ...I think that the most interesting issue is one of "provoking the difficulty." Is there a provoking the difficulty instruction given in Florida? The idea that Zimmerman had injuries could be completely consistent with Trayvon Martin exercising his legal right to defend himself. So if you took all of the personal identifiers out and just said, "Guy A follows Kid B around Kid B's neighborhood and freaks Kid B out until Guy A actually gets out of the car... Can Kid B punch him? Tackle him? If Kid B punches him, does Guy A have the right to shoot him? In Texas, provoking the difficulty would be a real issue, but maybe Florida doesn't have it. Surely they do, thogh, or you could start every murder with a bar fight...<br />I don't envy the prosecutors having to try that case, but I probably wouldn't have played his statement, that's for sure. If he wanted his story out, he's taking the stand.Jason Gossnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-42675946324965471552013-07-14T10:24:01.118-05:002013-07-14T10:24:01.118-05:00Well said!Well said!Anonymoushttps://www.blogger.com/profile/11188017596415016078noreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-56373858617537514172013-07-14T10:17:16.486-05:002013-07-14T10:17:16.486-05:00As I watched the trial unfold on various news outl...As I watched the trial unfold on various news outlets, I was surprised to see how many defense attorneys side with the State as oppose to the defendant. And that Lisa Bloom is a pour idiot and needs a reality check.Anonymousnoreply@blogger.com