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jclalor

Florida Teen Shot

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Not saying that's what happened but it looks like that scenario is the way the defense might go if there is an indictment. On the other hand, if Z threatened M face-to-face, or if M perceived a threat, it could be said that M was exercising his rights to self defense under "stand your ground". Then both might be righteously "standing their ground" with predictable results.



Which is, as Bill (And LawRocket) pointed out, the problem with the law. To what degree can you provoke a confrontation and then use deadly force to end it when it doesn't go your way?
Do you want to have an ideagasm?

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It would be helpful if a FL attorney would chime in here, at least on the law itself. Self-defense is a more complicated legal concept than most folks realize. Most states, including Illinois where I practice, have done away with the duty to retreat. A self-defense claim succeeds or fails based on the reasonableness of the actions taken given the facts. It seems to me that the "stand your ground" laws take self-defense a step further and expressly authorize the use of deadly force. Illinois' self-defense law does not do that.

I don't want to get dragged into this debate, though. I'm just trying to help explain the law, if anyone cares.

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No, it's very likely he was only arrested because he's Hispanic.



Dude, You can't even get his name right despite about 10 prompting otherwise. I believe you have shown yourself to the most racist commentator on this thread.



Your capacity to misunderstand is nothing short of breathtaking.

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No, it's very likely he was only arrested because he's Hispanic.



Dude, You can't even get his name right despite about 10 prompting otherwise. I believe you have shown yourself to the most racist commentator on this thread.



Your capacity to misunderstand is nothing short of breathtaking.



Misunderstand what?

What is his name?
Do you want to have an ideagasm?

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No, it's very likely he was only arrested because he's Hispanic.



Dude, You can't even get his name right despite about 10 prompting otherwise. I believe you have shown yourself to the most racist commentator on this thread.



Your capacity to misunderstand is nothing short of breathtaking.



Misunderstand what?

What is his name?



Yep, absolutely breathtaking. Tell you what dum, dum, get a good nights sleep and then try re-reading it in the morning. Thing will look different to you then.

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Andy,

I am thankful for your effort to clarify the law. For better or worse it appears that this case will never have complete and unambiguous facts. The burden and standard of proof and who bears it are very important to an understanding of the implications. I did a little reading about the Stand Your Ground jurisprudence in FL and best I can tell it can be described as unsettled. I read the link andy908 posted about self-defense and it appears FL has a relatively low burden for an affirmative defense.

I agree a FL attorney could probably do us a world of good.
"What if there were no hypothetical questions?"

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Remember that A) 'winning' does not equal 'aggressor' just as 'before' does not equal 'during' and B) even drunk I can still hand you your ass in a battle of wits. Even if my spelling suffers.



Drunk people often believe themselves to be extremely witty, and to other drunk people, this may actually seem true. For the poor sap that volunteered to be the driver, or who doesn't drink generally, the drunks tend to be a bit insufferable.

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The arrest for battery on the police officer resulted in two charges; both were dropped.

Not exactly. He completed a pre-trial diversion program, which is commonly offered to first-time offenders. (link)

Completing a diversion program involves an admission of guilt, but a conviction is not entered on your record. Different from "oops we made a mistake, you are totally innocent of the charge".

In fairness, this was in 2005, so some time ago.

The issue with the former girlfriend turned into tit-for-tat accusations, and the injunctions were ultimately sealed by the court, so it's hard to know what that all means.

Don
_____________________________________
Tolerance is the cost we must pay for our adventure in liberty. (Dworkin, 1996)
“Education is not filling a bucket, but lighting a fire.” (Yeats)

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Remember that A) 'winning' does not equal 'aggressor' just as 'before' does not equal 'during' and B) even drunk I can still hand you your ass in a battle of wits. Even if my spelling suffers.



Drunk people often believe themselves to be extremely witty, and to other drunk people, this may actually seem true. For the poor sap that volunteered to be the driver, or who doesn't drink generally, the drunks tend to be a bit insufferable.



Thanks for the life advice, I'll bear it in mind.

As to my question though, What witness? What presumption? Who has answered those questions in the affirmative?

Mike has admitted there is no witness to say Martin was the aggressor, Rush doesn't even understand the question, so what are you talking about?
Do you want to have an ideagasm?

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there is no witness to say Martin was the aggressor...


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Zimmerman's a witness...

He admits to being there and seeing Martin as the aggressor.

What you mean is, there no credible witness to say Martin wasn't the aggressor right?

Because if there WAS we wouldn't be having this discussion.











~ If you choke a Smurf, what color does it turn? ~

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And how come falsely calling Zimmerman 'Jorges' is ok but correctly calling him 'George' is playing the race card?


How is it false to call him Jorges??



He should change his name to Dylan and be done with it.



Good idea. My point is that George's extended family is mixed white and Hispanic. Some in the family call him George and some call him Jorges. Call him whatever you want but he is far from a Pu**y A** Cracker like the shirts say.
You can't be drunk all day if you don't start early!

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And how come falsely calling Zimmerman 'Jorges' is ok but correctly calling him 'George' is playing the race card?


How is it false to call him Jorges??


He should change his name to Dylan and be done with it.


:ph34r:
"There are only three things of value: younger women, faster airplanes, and bigger crocodiles" - Arthur Jones.

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And how come falsely calling Zimmerman 'Jorges' is ok but correctly calling him 'George' is playing the race card?




How is it false to call him Jorges??



Hey, why don't we just call him DaShawn or Tupac or Jamal and all the race issues would be over and done with.
...

The only sure way to survive a canopy collision is not to have one.

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Good idea. My point is that George's extended family is mixed white and Hispanic. Some in the family call him George and some call him Jorges.



Do they in fact call him Jorge (no s), or are you merely presuming that they would use a Spanish variant of the name? If I know a Juan, I don't call him John.

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And how come falsely calling Zimmerman 'Jorges' is ok but correctly calling him 'George' is playing the race card?



How is it false to call him Jorges??



Is it his name? No. Is George his name? Yes.
Do you want to have an ideagasm?

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And how come falsely calling Zimmerman 'Jorges' is ok but correctly calling him 'George' is playing the race card?


How is it false to call him Jorges??


He should change his name to Dylan and be done with it.


Blood on the tracks IS a crime...[:/]










~ If you choke a Smurf, what color does it turn? ~

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Following != stalking.



Right, nor did I assert that Zimmerman was stalking martin. That is your red herring.

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No evidence that *Zimmerman* initiated the confrontation.



I don't know if Zimmerman initiated the confrontation or if Marting initiated the confrontation. Again your red herring.

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what do you have besides the statements of Sharpton/Jackson/family? Any evidence?



Your red herring. So tired of you constantly moving the goal posts in a conversation/debate/argument.

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what do you have besides the statements of Sharpton/Jackson/family? Any evidence?



Your red herring. So tired of you constantly moving the goal posts in a conversation/debate/argument.



Using the same criteria YOU did in your question != moving the goalposts.
Mike
I love you, Shannon and Jim.
POPS 9708 , SCR 14706

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