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Trayvon Martin (Read 1295 times)
Rat Man
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Trayvon Martin
May 2nd, 2012, 9:38am
 
   The discussion about self defense in the "What Makes You See Red" thread makes me wonder;  where do you all stand on this "Stand Your Ground" law?  Was Zimmerman standing his ground or was he the aggressor?  What's your opinion on all of this?
 
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« Last Edit: May 3rd, 2012, 11:38am by Rat Man »  
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Re: Trevon Martin
Reply #1 - May 2nd, 2012, 10:20am
 
Without knowing all the facts/being there at the time, it seems to me that Zimmerman overreacted. That being said, I support concealed carry, stand your ground, castle laws, etc., however, they shouldn't give someone an excuse (for lack of a better word) to shoot another person without it being very clear that that individual was bent on causing you or someone else harm. Zimmerman could have simply drawn his gun on Martin and been in complete control of the situation without firing a single shot. Should Martin have then responded in an aggressive manner or drawn a weapon of his own, Zimmerman would have had all the time in the world to pull his trigger and would have been far more justified in doing so.
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Re: Trevon Martin
Reply #2 - May 2nd, 2012, 10:31am
 
Very little in the mostly-similar "stand your ground" statutes enacted apply to the Martin case.   These laws generally remove the legal requirement for someone to attempt to flee from a dangerous situation, even if they are in their own home, car, or other property.
 
A number of states had such provisions.   Of course, fleeing is often impossible; old, feeble, or disabled individuals can't be expected to try to flee from a younger, stronger attacker.
Even in the case of a "car-jacking", the requirement was that the victim should simply relinquish the vehicle and let the "jacker" go.
These laws remove such requirements under what's known as the "castle" doctrine upheld by various courts.  "Your home is your castle."      
This applies now (in most cases) to the home, the car, etc.    If one is attacked, one has no legal requirement to flee.
 
In the Martin case, it's difficutl to see how this would apply, or to who.    Zimmerman followed Martin under the impression he was "suspicious".   Martin was aware of this and was obviously frightened, as his phone call indicates.
At some point, Martin apparently got tired of this and confronted Zimmerman and the two struggled; in the course of which Zimmerman fired the fatal shot.
 
Martin had a phone, and could have simply called police himself.  "Some weird dude is following me!"   Or, he could have presumablly gone to a place of safetly, like a nearby store or even requested help at a residence. (problematic since he was a black teen...)
Zimmerman was under no legal authority to follow Martin, and had no grounds for suspicion other than that Marttin was "walking while black".
This case will hinge on a number of things.... I could see it going either way.
Did Martin angrily confront Zimmerman, who then pulled his weapon provoking a desparate attack from Martin?   Did Martin simply attack Zimmerman out of fear or anger, and Zimmerman then pull his weapon while they were "mano a mano"?
Much will depend on the physical and forensic evidence.
 
However, not much (of the scenario as we have it) has anything to do with "stand your ground".  You don't have to flee if you are suddenly attacked at any rate.
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Re: Trevon Martin
Reply #3 - May 2nd, 2012, 11:03am
 
I mostly agree with you, Bikewer.  I strongly support the right of someone to defend themselves, loved ones, or property.   I don't see how this applies in this case.  As you say, many of the facts aren't in, but I have a hard time believing that a grown man couldn't control a boy he outweighed by about forty pounds without shooting him through the heart.  On the surface this appears like the case of a police reject in search of a victim to assert his minimal authority over.  Again, Zimmerman deserves his day in court, but the whole thing smells very fishy to me.  As it stands now I'm leaning strongly to Martin's side.
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« Last Edit: May 4th, 2012, 12:43pm by Rat Man »  
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Re: Trevon Martin
Reply #4 - May 2nd, 2012, 11:07am
 
From the newspaper reports I've seen I don't see how "stand your ground" is involved. Zimmerman actively pursued Martin. He was supposed to be in the local Neighborhood Watch, whose duty is to report suspicious activity, not to get involved directly. And as far as I know they aren't supposed to be armed.  
 
Trevon Martin had a cell phone, yes. But when does a young male even think of calling the police, especially a young black male? It's just outside his mindset. Blacks, especially in the South, trust the police? Maybe they have cause not to.
 
I have no real beef with concealed carry. My main reservation is that carrying a firearm is a huge responsibility and there are too many irresponsible individuals. Actually there are plenty of people packing, but a lot of them are the wrong ones. Both nut cases and crooks.
 
"Stand your ground" has to be more narrowly defined. Apparently (and this is what I get from the news) it's too loose. As a society we have some obligation not to engage in violence, to defuse situations rather than to aggravate them.
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Re: Trevon Martin
Reply #5 - May 2nd, 2012, 11:09am
 
What I just posted in the "Seeing Red" thread:  
 
-- I trust the American justice system more than probably any other system in the world and while people like to use cases like these as bumper sticker campaigns for one cause or another, there's usually more that went on in the background than most people are willing to take the time to find out. If a person was sued or went to jail for allegedly defending themselves, if their defense actions were within the law, then they go home and get their weapon back, period. If anything else happened then there were circumstances that warranted it. A cop can use lethal force on a mentally challenged boy wielding a screwdriver and get paid administrative leave but as a law abiding, tax paying citizen, you better know local rules and case law before you use any lethal force. Most times if you didn't first call police and/or you had a way out, any way out you potentially open yourself up to negative litigation. If you were attacked by someone with a weapon, disarmed the attacker then used the weapon on them, YOU are now in the wrong. You disarmed, neutralized the most hazardous threat then went on the attack instead of walking or running away, you're going to jail. --
 
This case should be watched closely to see how it shakes out. My first opinion is that if this event had not received the outcry that it did, Zimmerman would be a free man today. It's racially and politically charged and maybe it should be, maybe it shouldn't. Watching closely while reserving judgement but make no mistake, if you use lethal force you better be within the intended confines of the laws that apply. That's what needs to be watched in this case.
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Re: Trevon Martin
Reply #6 - May 2nd, 2012, 6:56pm
 
... ... ... ... ... ... ... ... There used to be information here ... ... ... .... ...  
 
Because  the above statement has been redacted by the biased media, (an unknown moderator).
I'm redacting the entire statement.
 
* Steven
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« Last Edit: May 3rd, 2012, 7:57am by Steven »  

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Re: Trevon Martin
Reply #7 - May 2nd, 2012, 7:37pm
 
Quote from Steven on May 2nd, 2012, 6:56pm:
Since the reverends ( small r) Al and Jesse (Jessie?) are involved I believe any statement from the Martin camp is totally and racially biased-ly false.

I think Trayvon's gangster persona and his testosterone poisoning led him to attack an easy mark (George) for disrespecting him.
Said easy mark happened to be legally armed, and Trayvon having brought an attitude to a gun fight paid the ultimate price.   oopsie!

  Though I think that Sharpton is a racist piece of crap, sometimes a statement is so beyond beyond that no retort is necessary.  
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« Last Edit: May 2nd, 2012, 10:36pm by Rat Man »  
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Re: Trevon Martin
Reply #8 - May 3rd, 2012, 3:00am
 
I've not kept up with this story, but l think anyone who takes another human life under any civilian circumstances should expect to have his actions examined very closely indeed. Protecting oneself is one thing, and I'm all for it, but if you choose to escalate to the ultimate level like this, you shouldn't be getting up the next morning and carrying on your life as if nothing had happened.
 
Like Pikaru, I'd like to wait and see what happens. Given the results of matters like the Joe Horn shooting in Houston a few years ago, I'm not holding my breath.http://en.wikipedia.org/wiki/Joe_Horn_shooting_controversy .
 
Sharpden and such people don't help the argument here at all, but it's sad that their involvement muddies the issue.
 
On the attitude displayed on another thread (yes, this disturbs me)..
Quote:
...... A lot of guys that carry are switching to cheaper guns now because if you shoot someone on the street, it doens't matter if it's Ted Bundy on a playground or a serial rapist, you will lose your gun.  

Sorry, but if this is really happening IMHO anyone with that attitude should not be carrying in the first place.
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Re: Trevon Martin
Reply #9 - May 3rd, 2012, 7:00am
 
It's really hard to tell. Mainly, I believe that there is reasonable doubt that this was murder. I understand the police and the prosecutor's initial  decision not prosecute. The facts can be interpreted either as murder (or more tenably manslaughter) or as self-defense, the main sources of information are either neutral and can be interpreted either way or so biased that you can't really trust them. But the fact that Zimmerman had a broken nose and is reported to have had his head slammed into the concrete...at that point I think lethal force is authorized. It should never have gotten to that point, but at that point I think it is authorized.
 
However, I think what really happened was two people decided (in an entirely understandable manner) to be stupid at the same time and somebody died as a result. Trevon should have run. Because if you think some shady guy who outweighs you is following you that is the wise course of action. Not that it should be legally required (strongly against repealing stand your ground) but if it's possible it's the wise thing. But he was a young male. Not a young black male, he was a young male. And young males feel a need to prove themselves men and gain status.  
 
Zimmerman shouldn't have followed him. He should have listened to the dispatcher and stopped following. He had in the past, but in the past the suspects (for break ins in his neighborhood) had gotten away. He was trying to defend his community and felt the police had failed in the past. He shouldn't have followed him but he did.
 
And then you get to the "should have's". Trevon should have been able to outrun Zimmerman. Zimmerman should have been able to subdue him if it came to blows.  Zimmerman should have let Trevon get away if he was losing the altercation. Trevon should have used force and then run. And I'm sure you can think of more.
 
Really I see a tragedy made by honest, if stupid, mistakes on both sides. I don't have all the facts, but I would not feel it a miscarriage of justice if he's found not guilty. It is now for a jury to decide, but what bothers me is how that came about. The blatant race-baiting and fear-mongering by the media and "black leaders". The lack of anything approaching balanced coverage. The charges in response to public outcry and the prosecutor said with a straight face that "we don't prosecute based on opinion polls". Ummmm, obviously you do. That's what bothers me. I'm about as "hang'em high" as you get with murderers. But murder has to be proved beyond a reasonable doubt. And I don't think the evidence exists for that level of surety about what happened. The police didn't think so. The initial prosecutor didn't think so. After a couple weeks of race-baiting they decide? I smell politics. And politics and justice do not go together.
 
 
A quick aside to Benkolmer, I was a reading a times article on this subject lambasting stand your ground, they obviously had a child's understanding of the standards of proof required by the criminal justice system (which is my area of study) but they mentioned that FL has a law where if you point your gun at somebody, even if you don't fire, it's an assault with a deadly weapon and gets you 3 years.
 
 
finally: (sorry for the long post) here's the only article I've seen that's tried to give shrift to the other side and the best piece of journalism I've seen on the case to date: http://www.reuters.com/article/2012/04/25/us-usa-florida-shooting-zimmerman-idUS BRE83O18H20120425
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Re: Trevon Martin
Reply #10 - May 3rd, 2012, 7:19am
 
Quote from perpetualstudent on May 3rd, 2012, 7:00am:
The charges in response to public outcry and the prosecutor said with a straight face that "we don't prosecute based on opinion polls".

A quick aside to Benkolmer, I was a reading a times article on this subject lambasting stand your ground, they obviously had a child's understanding of the standards of proof required by the criminal justice system (which is my area of study) but they mentioned that FL has a law where if you point your gun at somebody, even if you don't fire, it's an assault with a deadly weapon and gets you 3 years.

 
To the first part, that sounds oddly familiar to us here in State College..
 
As for the FL law, that's really interesting. It is obviously a very serious matter to pull a gun on someone, but I'm not sure how I feel about three years for potentially defending yourself without ever firing a shot...
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Re: Trevon Martin
Reply #11 - May 3rd, 2012, 7:24am
 
Quote from Rat Man on May 2nd, 2012, 7:37pm:
Quote from Steven on May 2nd, 2012, 6:56pm:
Since the reverends ( small r) Al and Jesse (Jessie?) are involved I believe any statement from the Martin camp is totally and racially biased-ly false.

I think Trayvon's gangster persona ,(Original information redacted here), and his testosterone poisoning led him to attack an easy mark (George) for disrespecting him.
Said easy mark happened to be legally armed, and Trayvon having brought an attitude to a gun fight paid the ultimate price.   oopsie!

 Though I think that Sharpton is a racist piece of crap, sometimes a statement is so beyond beyond that no retort is necessary.  

 
The above  is not my full quote ,  that is a redacted quote and as such is not a truthful representation of my view on Trayvon Martin
* Steven  
P.S. See what occurs when relevant information is removed from a direct quote.  
The only reason for that behavior is;  to make the untruth you present; fit your world view of the "truth"
 
I do not know who redacted my statement and I am not specifying an individual.  I think it must have been an unknown moderator.
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Re: Trevon Martin
Reply #12 - May 3rd, 2012, 10:16am
 
Quote from Rat Man on May 3rd, 2012, 10:08am:
Steven;
   I am your mystery moderator.  You whole quote included a racist, hateful, inflamatory slur that is not permitted here.  I think simply removing it was a very measured response.  Refrain from making such statements in the future.  I'm sure there are sites where such racist crap is permitted and even encouraged.  Post them there.

Rat Man

 
I read the original, and to be fair to Steven, it wasn't a racist slur.  It was Trayvon Martin's actual twitter account name.  That's what he chose to call himself, so I don't think anyone should be called racist and hateful for repeating it.  Or, if they are, it should give you pause and make you wonder why Trayvon would apply that label to himself.
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Re: Trevon Martin
Reply #13 - May 3rd, 2012, 10:27am
 
Quote from HurlinThom on May 2nd, 2012, 11:07am:
"Stand your ground" has to be more narrowly defined. Apparently (and this is what I get from the news) it's too loose. As a society we have some obligation not to engage in violence, to defuse situations rather than to aggravate them.  
I think you were closer to it with the beginning of your post. The law, as far as I can tell, says that you don't have to run away if you are in fear for your life. That is, if you say you did it in self defense, the cops are to accept that unless there is sufficient evidence to the contrary. While as Pikaru noted, at least in some states, you are legally obligated to run away and only use force if you are cornered with no way out. I mentioned a times article about this and the thesis of the very anti "stand your ground" law article was that under the law you are deemed innocent unless it can be proved beyond a reasonable doubt that your action was not justified. Which places an unfair burden on the Criminal Justice system.
 
While I agree that is a stringent standard it should be the standard. That's the entire idea behind "innocent until proven guilty". I find it absurd that FL had to pass a law saying that we won't arrest you for murder unless we can prove it beyond a reasonable doubt.  
 
I know that the standard for arrests/searches is only "probable cause", but following that arrest you have to be charged with a crime and while the trial is ongoing the supreme court ruled that you have to be released unless you pose a serious danger to the community as determined by a judge at arraignment. And the trial's standard of proof has always been "beyond a reasonable doubt". So really, I see nothing wrong with the stand your ground laws.  
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Re: Trayvon Martin
Reply #14 - May 3rd, 2012, 11:37am
 
Quote from Atlatlista on May 3rd, 2012, 10:16am:
Quote from Rat Man on May 3rd, 2012, 10:08am:
Steven;
   I am your mystery moderator.  You whole quote included a racist, hateful, inflamatory slur that is not permitted here.  I think simply removing it was a very measured response.  Refrain from making such statements in the future.  I'm sure there are sites where such racist crap is permitted and even encouraged.  Post them there.

Rat Man


I read the original, and to be fair to Steven, it wasn't a racist slur.  It was Trayvon Martin's actual twitter account name.  That's what he chose to call himself, so I don't think anyone should be called racist and hateful for repeating it.  Or, if they are, it should give you pause and make you wonder why Trayvon would apply that label to himself.

     Steven:  Though I still very strongly disagree with your assessment of the situation it seems that I jumped the gun.  
“NO_LIMIT_NIGGA” was in fact one of Trayvon's twitter names.   Had I know that I wouldn't have removed it from you statement and wrote what I wrote.  I apologize to you.  Thank you Atlatlista for enlightening me.
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