Did the Trayvon Martin Case Expose Flaws in Stand Your Ground Laws?

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The Trayvon Martin case has raised significant concerns about the effectiveness and interpretation of Florida's "stand your ground" law, particularly regarding self-defense claims. Evidence suggests that the shooter, who followed Martin despite police instructions to stop, may have initiated the confrontation, raising questions about the justification for using deadly force. The local police's initial lack of thorough investigation has been criticized, with many arguing that the law may protect individuals who act aggressively under the guise of self-defense. The case highlights broader issues of vigilantism and the potential for misuse of self-defense laws, prompting calls for legal reform. Ultimately, the discussion emphasizes the need for careful investigation and consideration of the implications of such laws on public safety.
  • #91
@OCR:

The general rule regarding release of a patient's medical record is that information contained in a patient's medical record may be released to third parties only if the patient has consented to such disclosure. The patient's express authorization is required before the medical records can be released to the following parties: patient's attorney or insurance company; patient's employer, unless a worker's compensation claim is involved; member of the patient's family, except where the family member has been appointed the the patient's attorney under a durable power of attorney for health care; government agencies; and other third parties.

Bold-faced for your education.

Police reports are evidence, and admissible in court as evidence. No piece of evidence is perfect nor 100% reliable, but that doesn't make it not evidence. Your assertion is absurd.

Like I said before, they are usually backed by supporting evidence. A police report alone is not sufficient evidence. My assertion is not absurd as it is the process of the legal system. In cases, such as this one (or other cases that involves death), a police report alone is not sufficient evidence to compel a jury to not to convict or not to convict or a judge to base his/her decision on.
 
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  • #92
From your post 41,

I can see how Martin was seen on his back if Zimmerman shot him from the ground and the kid was bent attacking him. But I am still reserving judgement on this case.

If that was your point, the facts aren't all in yet, then we don't disagree.

it's a point of law you can't claim self defense in an altercation you started.
So Zimmerman's defense will of course portray Martin as having thrown the first punch.
Martin's side will portay the opposite.

I'm still waiting with open mind trying to stay above the media noise.
 
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  • #93
I read that Zimmerman was punched in the nose and he fell backward, hitting his head resulting in a minor abrasion. He had no serious injuries. IMO
 
  • #94
and as I've said all along, we'll just have to wait.

You say that as if I should have already known that? You are the one, when I asked for evidence of his injuries, posting a police report as critical evidence. And now you say (or insinuate) I am silly for not heeding your words you claim to have been making all along?

If that was your point, the facts aren't all in yet, then we don't disagree.

I think it's a point of law you can't claim self defense in an altercation you started.
So Zimmerman's defense will of course portray Martin as having thrown the first punch.
Martin's side will portay the opposite.

I'm still waiting with open mind trying to stay above the media noise.

We can assume all we want but our assumptions aren't evidence and I don't believe a police report is credible evidence if it's all the evidence one has. I am contesting the case w/in the article you posted.

I read that Zimmerman was punched in the nose and he fell backward, hitting his head resulting in a minor abrasion. He had no serious injuries. IMO

Just b/c he refused further medical treatment doesn't mean the injuries weren't/aren't serious. Hitting your head (like Zimmerman claims), in my opinion, is serious as it can render certain faculties of reasoning impaired or eventually cause death like in the case of the high school football player that was tackled, and still played the game, but in the 3rd quarter collapsed and died. He died from a bleeding in the brain. But, in Zimmerman's case, his position that he had a broken nose, etc..., is not confirmed.
 
  • #95
You say that as if I should have already known that? You are the one, when I asked for evidence of his injuries, posting a police report as critical evidence. And now you say (or insinuate) I am silly for not heeding your words you claim to have been making all along?

i did review the thread from page 1 and i think i have been consistent since first post in #43.

If you have better 'evidence', let's have it.
 
  • #96
phoenix:\\ said:
Bold-faced for your education.

Thank you... every little bit helps... :rolleyes:

The general rule regarding release of a patient's medical record is that information contained in a patient's medical record may be released to third parties only if the patient has consented to such disclosure. The patient's express authorization is required before the medical records can be released to the following parties: patient's attorney or insurance company; patient's employer, unless a worker's compensation claim is involved; member of the patient's family, except where the family member has been appointed the the patient's attorney under a durable power of attorney for health care; government agencies; and other third parties.

I really do believe the above quote, that is bold-faced for my education, is the point I was trying to make in post #84.



OCR
 
  • #97
@OCR: Your point wasn't a point of, "trying to make a sound case", rather point of attempting to make a person look ridiculous with snide remarks. And, you failed to see the point I was actually trying to make without any form of deliberate attempt of making another look foolish.

i did review the thread from page 1 and i think i have been consistent since first post in #43.

If you have better 'evidence', let's have it.

I asked for credible evidence, you provided a police report that didn't have the evidence I had asked for. That is taking a side and not allowing the facts to arrive at a reasonable judgement, you then questioned my reasoning by saying, "are you serious, sir?" in reference to my statement about police lying in their reports. That lead me to a rather logical conclusion that you are sure that the police report is credible and Zimmerman was severely beaten. Your words are inconsistent with what you stated previously is what I am saying now. You didn't allow for facts (which are truths to claims) to surface if there are any.

Also "better evidence"? You aren't remaining impartial as you said you were. That report isn't good enough evidence proving Zimmerman's claim. Bolstered evidence from his medical reports, even the EMT reports, would be sufficient as I have been saying all along. And it isn't a matter of me saying that Zimmerman was in the wrong, rather Zimmerman is failing to prove his innocence.
 
  • #98
i have no emotional need to win.

"We accept certain unlovely things about ourselves and manage to live with them. The atonement for such an acceptance is that we make allowances for others - that we cleanse ourselves of the sin of self-righteousness." eric hoffer

go your own way.
 
  • #99
I do not believe you are following me right now. Must follow the opposite road in order to know where I am going, you are currently on the blue road, whereas I am on the rainbow road? May not be the rainbow road, but it sure does look as such.

@Jim: I still haven't quite understood your line of reasoning when you made your claims, and was hoping to get it before you conceded. I am sorry you did that, but I cannot go any other way as I have no where to go?

Back on topic, Zimmerman has gone into hiding because of the shakiness of an emotional society we live in today that would rather shoot before proving. Looks as if peng. was right, $10k is being offered by a racist party known as, The Black Panthers, to find Zimmerman and bring him to justice.
 
  • #100
phoenix:\\ said:
... $10k is being offered by a racist party known as, The Black Panthers, to find Zimmerman and bring him to justice.
The Panther's of course are in the way of justice.
 
  • #101
@Jim: I still haven't quite understood your line of reasoning when you made your claims, and was hoping to get it before you conceded. I am sorry you did that, but I cannot go any other way as I have no where to go?

Correction : I disengaged .

What I've claimed is:

(1) The facts are not all out.
(2) At this stage any reasonable person (IMHO) would accept an official police report as pretty factual statement of what was observed and not suggest the officer lied about it..
And what the officer observed was:

One guy bleeding from nose and head, grass stains on back of his shirt.
Other guy shot dead.
post 43

What other claims were you referring to ?
 
  • #102
At this stage any reasonable person (IMHO) would accept an official police report as pretty factual statement of what was observed and not suggest the officer lied about it..

I've always disliked statements that said, "... any reasonable person would agree with...", reasonable under what position, the position you hold? That is a rather arrogant statement to make.

I was merely giving counter-examples of why not to totally trust the police report unless backed by other sources like the EMT report or Martin's medical report as he went to the doctor's office the next day from what has been claimed.

Is it scientific to trust one source of process or multiple sources claiming the same?
 
  • #103
phoenix:\\ said:
A police report alone is not sufficient evidence.
Not being "sufficient evidence" is a big difference from not being "evidence". A police report certainly is evidence, but whether it is "sufficient" or not depends on the purpose for which sufficiency is being judged. For example, a police report might be sufficient evidence to obtain a search warrant, but not sufficient evidence to obtain a conviction.

phoenix:\\ said:
a police report alone is not sufficient evidence to compel a jury to not to convict or not to convict
No amount of evidence is sufficient for that, so that is an absurd standard. Try picking a more reasonable standard for judging sufficiency of evidence.

IMO, there is sufficient evidence to not assume guilt on the part of Zimmerman, but not sufficient to assume innocence. Similarly, there is sufficient evidence to not assume innocence on the part of Martin, but not sufficient to assume guilt. I will wait for more evidence, not discounting individual pieces simply because by themselves they do not meet an impossible standard.
 
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  • #104
Not being "sufficient evidence" is a big difference from not being "evidence". A police report certainly is evidence, but whether it is "sufficient" or not depends on the purpose for which sufficiency is being judged. For example, a police report might be sufficient evidence to obtain a search warrant, but not sufficient evidence to obtain a conviction.

I say "not sufficient evidence" in the sense that it is more hearsay than evidence to an actual case of events on the scene. It is more of the opinion of the officer than being something that actually details the events of a particular incident. That is what I am referring to when speaking about insufficient evidence.

In addition to the above, a police report alone isn't sufficient evidence to obtain a search warrant based on the the officers merits alone. The officer's report is usually examined and corroborated, then is his/her warrant issued. And, in cases of murder the officer is cross examined, and then his/her police report, if passable, is issued in as evidence.

No amount of evidence is sufficient for that, so that is an absurd standard. Try picking a more reasonable standard for judging sufficiency of evidence.

I'd advise you to stop saying my statements are absurd when neglecting to read the context of 'said' statements. Compelling a jury to vote a certain way happens given the evidence as compelling is a form of influencing (not exactly a form, but is the act of influencing someone to produce an outcome), so that isn't absurd. Jury's have felt that given the evidence of x, y, and z, they sentence the defendant to one or multiple outcomes.

IMO, there is sufficient evidence to not assume guilt on the part of Zimmerman, but not sufficient to assume innocence. Similarly, there is sufficient evidence to not assume innocence on the part of Martin, but not sufficient to assume guilt. I will wait for more evidence, not discounting individual pieces simply because by themselves they do not meet an impossible standard.

There isn't sufficient evidence not to assume guilt, also there hasn't been any "impossible" standards taking place. We have several facts so far:

(1) Zimmerman stereotyped the victim saying he was on drugs, up to something, etc... When an autopsy report states that the victim was not on drugs and his father's fiance lives in the neighborhood and he was visiting her residence.

(2) Zimmerman felt compelled to follow the victim under advisement not to follow the victim.

(3) Zimmerman states, "these a-holes always get away". Whether those statements are meant to be taken as Zimmerman labeling Trayvon a criminal is up to how a lawyer is able to get him to tell us what he meant by those comments. I cannot assume what he meant as people would obviously contest it and it'd digress towards opinion vs. opinion.

The evidence for Zimmerman's defense is:

(1) Mostly hearsay from police officer reports and Zimmerman himself

(2) Unidentified witnesses corroborating the police and Zimmerman's side of the story.

Whether that is sufficient evidence or not is up the grand jury to decide. In my personal opinion, it's not sufficient evidence to say Zimmerman is not guilty.
 
  • #105
phoenix:\\ said:
In my personal opinion, it's not sufficient evidence to say Zimmerman is not guilty.
That's not how court works. Innocence is the default state, you don't try to prove it.

The conversation is getting a bit ahead of itself. The question at the moment is if this will even get to court.
 
  • #106
I really wish that everybody at PF would just let this go for a while. It seems that there's going to be some sort of investigation. So, let that investigation take its course. It's become a national issue, so it probably isn't just going to get buried.

There have been some informative, for me, statements wrt the moral and legal issues involved. Thanks for those.

Hopefully, the truth of the matter will be ascertained as precisely as possible and justice will be done. My own cynical belief is that this isn't normally the case, but since this particular case has gotten nationwide attention, then there seems to be good reason to believe that a thorough and honest investigation might actually happen.
 
  • #107
I'll be honest, I don't know what side to take but I'm really more on the side of zimmerman if only for the fact that everyone else is so irrationally against him.

I wonder how different everyone's opinions would be if this image were floating about;
george-zimmerman_trayvon-martin_media-bias.jpe

"Oh my god, that poor zimmerman, he was just trying to make his neighbourhood safe and that 'gangsta' started laying into him, if I was in his position I would have shot too. That vandal was already caught with stolen jewlery"

As opposed to;
http://cdn.eurweb.com/wp-content/uploads/2012/03/trayvon_martingeorge_zimmerman2012-wide1.jpg
"Wow, zimmerman is twice the size of that poor little child, like that little boy could pose any threat to big strong zimmerman. Zimmerman should be put to death for his hate crime"

I seriously doubt this is hate crime or racial crime or w/ever it's branded as and since zimmerman was found to be bleeding after his encounter with trayvon I'm more inclined to believe that it was self defence. If someone was in my face attacking me and I had a gun, I'd shoot then. Maybe not to kill them but I'm guessing aiming is kinda hard when you're having your head stoved in.

Y'know who should be arrested?
Spike Lee
Regardless of wheter zimmerman did anything wrong, broadcasting his address (which was actually some elderly couples address) to a bunch of hyped up idiots is definitely wrong.
 
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  • #108
Video of George Zimmerman in custody immediately after the incident:
ABC News Video

This doesn't necessarily contradict what was reported in the police report, since first aid was administered at the scene before Zimmerman was brought to the station, but it does suggest any injuries were less severe than Zimmerman's lawyer suggested.
 
  • #109
BobG said:
Video of George Zimmerman in custody immediately after the incident:
ABC News Video

This doesn't necessarily contradict what was reported in the police report, since first aid was administered at the scene before Zimmerman was brought to the station, but it does suggest any injuries were less severe than Zimmerman's lawyer suggested.

I don't see any blood or visible wounds and he doesn't even look stunned or shocked after having killed someone. Not that any of that means much other then the case just keeps smelling worse with every fact revealed.
 
  • #110
phoenix:\\ said:
Compelling a jury to vote a certain way happens given the evidence as compelling is a form of influencing (not exactly a form, but is the act of influencing someone to produce an outcome), so that isn't absurd.
No amount of evidence can compel a jury to convict, at least not in the USA. The usual name for this is jury nullification, where the jury renders a verdict of not guilty despite the fact that based on the evidence the jury themselves are convinced that the defendant is in fact guilty. So it is an absurd standard that no amount of evidence can meet.
 
  • #111
phoenix:\\ said:
I say "not sufficient evidence" in the sense that it is more hearsay than evidence to an actual case of events on the scene. It is more of the opinion of the officer than being something that actually details the events of a particular incident.
That is patently false. The key components of this - and probably all - police reports are statements of fact, not opinion. 'Lying in the grass bleeding' is a statement of fact. Someone is either bleeding or not - it is not a matter of opinion. It could be an erroneous or falsified fact, but it cannot be an opinion.
 
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  • #112
Yes this is a terrible tragedy and one that could have been avoided if the man had been carrying a stun gun instead of a hand gun. As a parent I feel the pain of this young man's family. And looting and destroying a store as the mob did helps in what way?

Florida is home for many many very old people who live alone. They are constantly taken advantage of and many carry handguns because they have been previously attacked. But there has to be a better way to prevent this sort of thing from happening.

At this point people want a lynching - they don't want the truth. They want Zimmerman convicted whether he is innocent or not and if he is not tried and convicted there will be additional violence. Assuming Zimmerman is brought to trial and not convicted, if I were on the jury I'd leave the country because at this point no one wants the truth, they want BLOOD, REVENGE. It's so very sad.
 
  • #113
netgypsy said:
Yes this is a terrible tragedy and one that could have been avoided if the man had been carrying a stun gun instead of a hand gun. As a parent I feel the pain of this young man's family. And looting and destroying a store as the mob did helps in what way?

Florida is home for many many very old people who live alone. They are constantly taken advantage of and many carry handguns because they have been previously attacked. But there has to be a better way to prevent this sort of thing from happening.

At this point people want a lynching - they don't want the truth. They want Zimmerman convicted whether he is innocent or not and if he is not tried and convicted there will be additional violence. Assuming Zimmerman is brought to trial and not convicted, if I were on the jury I'd leave the country because at this point no one wants the truth, they want BLOOD, REVENGE. It's so very sad.

"There is no justice in or out of court." Clarence Darrow

Majority rule IS mob rule. Democracy isn't about majority rule and it isn't about civility either. It's about minorities being empowered enough to feel being stepped on all the time is worth it. The minute it isn't worth it anymore, they protest or even revolt. Welcome to the reality of protests, riots, and even terrorism when things get really out of hand.
 
  • #114
phoenix:\\ said:
(1) Zimmerman stereotyped the victim saying he was on drugs, up to something, etc... When an autopsy report states that the victim was not on drugs...
Where's that coming from? http://www.kctv5.com/story/17286084/trayvon-martins-autopsy-still-under-seal say the autopsy is still under seal.
 
  • #115
Never mind.
 
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  • #116
DaleSpam said:
No amount of evidence can compel a jury to convict, at least not in the USA. The usual name for this is jury nullification, where the jury renders a verdict of not guilty despite the fact that based on the evidence the jury themselves are convinced that the defendant is in fact guilty. So it is an absurd standard that no amount of evidence can meet.

No need to bold the word compel as I have told you what I meant by it which is in correspondence to the actual meaning of it. A certain amount of evidence, i.e. tangible facts to the case can heavily influence/compel a jury to convict. Your last statement is irrelevant.

russ_watters said:
That is patently false. The key components of this - and probably all - police reports are statements of fact, not opinion. 'Lying in the grass bleeding' is a statement of fact. Someone is either bleeding or not - it is not a matter of opinion. It could be an erroneous or falsified fact, but it cannot be an opinion.

More like false statement, incorrect account, incorrect version, or lie, half-truth, etc... False (untrue) fact (truth) seems more akin to an oxymoron.

In addition, what I stated is not "patently false". Police statements if cross examined are facts. Facts are truths, it is true that the officer said x and y, but not true that x and y exist or occurred. Saying something and it being true is dependent upon its validation, "person lying in the grass bleeding", is a version of the story I've told which is an opinion, what looks to be blood could be ketchup or something equivalent. Unless examined, it remains an opinion of the officer.


That's not how court works. Innocence is the default state, you don't try to prove it

Yes, that is how the legal system works. I am not saying he is guilty or innocent, two sides claim to different stories, so I am thinking the legal system is the best option before unnecessary violence takes place. And, seeing that the grand jury is deciding his fate, I alluded to it being left up to them to decide whether to indict or not. My personal opinion is moot compared to their decision. But I think a trial is a better option that could, if there is, guilt on Zimmerman's part, or prove to people who are damn near calling for his crucifixion, his innocence.

Remember the controversy surrounding the Duke case where 3 lacrosse players were accused of spouting racial slurs and raping an African-American girl? The outcry was nearly the same as this case, and through the justice system it was found she was lying and actually sleeping with multiple males. Once that was proven, everyone shouting on the hilltops for their immediate prison time became silent. It's better to wait for the evidence, but seeing as people who "claim" such things, aren't actually impartial to the matter.

Majority rule IS mob rule. Democracy isn't about majority rule and it isn't about civility either. It's about minorities being empowered enough to feel being stepped on all the time is worth it. The minute it isn't worth it anymore, they protest or even revolt. Welcome to the reality of protests, riots, and even terrorism when things get really out of hand.

That is all created by the government to instill more sheep-like mentalities amongst people. No-one should be living such lives as this isn't the days where we actually need to keep a mate around, live unnecessarily as people generally do, or horde lots of money. Now people want to look younger instead of allowing the process take its course, but those are different topics.

Just like this case, blown way over the top. African-American kid gets shot? Happens a lot believe it or not, but this particular case is way overblown because of the mishap in investigation. Sure the police have issues with their process and favored Zimmerman because he was in constant contact with them so they kind of knew him and wouldn't think, based on his past record of actually helping in catching criminal (some of which were African American) and not having to get violent with them at all, and they were in his neighborhood. So when he shot a kid, they more than likely jumped onto the assumption that he was actually defending himself. That is my take on how this occurred and why the investigation was seemingly mishandled.

As I was saying though, obviously the government keeping people in the dark of the happenings and the media in a fury. First Kony 2012, now this, what bills are being signed currently? (Too conspiratorial, but still... seems a bit unnerving and like too much sugar for my tastes)
 
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  • #117
jim hardy said:
Never mind.
?? The Lincoln address was exactly on point, 150 years after it was made. This thread should use the relevant passages as a sticky.
 
  • #118
Most replies in this thread are replies of my defense in the position that police aren't always truthful.
 
  • #119
mheslep said:
?? The Lincoln address was exactly on point, 150 years after it was made. This thread should use the relevant passages as a sticky.

Thanks Mheslep

i didn't want to sound like lecturing.

Might try it again later on with a better intro.
Anyhow here it is without my running inteference.

http://showcase.netins.net/web/creative/lincoln/speeches/lyceum.htm

Hard to believe he was just twenty. And wrote this in 1838.
 
  • #120
phoenix:\\ said:
No need to bold the word compel as I have told you what I meant by it which is in correspondence to the actual meaning of it. A certain amount of evidence, i.e. tangible facts to the case can heavily influence/compel a jury to convict. Your last statement is irrelevant.
"Heavily influence" ≠ "compel". Since it is obvious that "compel" is a silly standard to apply I don't know why you continue to use the word. If you mean "compel" then try to actually justify your use of the word instead of complaining about bold typeface. And if you don't mean "compel" then stop using the word.

I agree that a police report by itself is not sufficient evidence to heavily influence a jury, and that is a standard which could be applied reasonably.
 

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