July 15, 201313 yr I can't see how the govt would win a civil rights case. Agreed. Even with the lower burden of proof in a civil case, it would be a weak case. For those unaware, be aware that the federal govt can pursue federal criminal charges against GZ if it decides to. It is not double jeopardy. Federal criminal system is completely separate from state criminal system. While on active duty, I tried to get SecNav to allow me to pursue murder charges against a Marine (military criminal system is federal) when I believed that a Marine had gotten off way too light by state court for the Marine shooting his wife. Under the UCMJ, SecNav had to authorize any military trial for a crime previously adjudicated in the state courts and SecNav would not authorize it. Really hacked me off.
July 15, 201313 yr Author LN do you think the main prosecutor (I can't remember her name) should be disbarred for withholding evidence from defense and judge? She fired a member of her staff after the case went to the jury for basically being a whistle blower and telling the defense about the evidence.
July 15, 201313 yr Not a fan of the president saying we need to bring on more gun control to honor Trayvon. Right. We don't need more gun control, just control the idiots that own guns.
July 15, 201313 yr Why did Zimmerman leave his vehicle and not wait for the police to respond? Was it in his authority to arrest or detain Martin? If so, how was Martin suppose to be aware of this?
July 15, 201313 yr Why did Zimmerman leave his vehicle and not wait for the police to respond? Was it in his authority to arrest or detain Martin? If so, how was Martin suppose to be aware of this? While I think most agree it would have been wise for him to not pursue Trayvon it's not illegal. He could not arrest Trayvon.
July 15, 201313 yr While I think most agree it would have been wise for him to not pursue Trayvon it's not illegal. He could not arrest Trayvon. The biggest issue I have is when some folks have said TM shouldn't have gone back to GZ. Agreed, it was a bad decision. But those same people seem to dismiss the fact that Zimmerman made the first bad decision by pursuing TM in the first place. They can't have it both ways.
July 15, 201313 yr The biggest issue I have is when some folks have said TM shouldn't have gone back to GZ. Agreed, it was a bad decision. But those same people seem to dismiss the fact that Zimmerman made the first bad decision by pursuing TM in the first place. They can't have it both ways. GZ definitely should not have followed TM, bad decision. It was equally as bad for TM to then confront GZ IF GZ had lost TM and was on his way back to his car, equally bad decision. There's about 40 lessons in this case for anyone willing to look for them.
July 15, 201313 yr I'm not sure winning would be much of a consideration. If they're under pressure, pursuing the case might be all the DOJ would be after. I hope not. Private case against GZ is the way to go. That is winnable. It's my understanding that the Feds don't pursue cases they don't feel like they can win.
July 15, 201313 yr The biggest issue I have is when some folks have said TM shouldn't have gone back to GZ. Agreed, it was a bad decision. But those same people seem to dismiss the fact that Zimmerman made the first bad decision by pursuing TM in the first place. They can't have it both ways. I know I have stated that both made key mistakes. And neither of their mistakes were against any law. Just a situation that escalated quickly. Then the media/political pressure started and this thing spiraled out of control from there with misinformation and fabrication.
July 15, 201313 yr Now that this is over and I've had time to really think about it my thoughts/feelings are this....while I do not think that GZ committed a crime by the letter of the law it is a shame that he will walk away from this with no legal punishment. No, it was not illegal for him to follow Trayvon and Trayvon should not have confronted Zimmerman (if it happened the way Zimmerman said) but and especially since GZ was carrying a gun he has to be more responsible then that. He did his job up until the point he got out of his car. While not against the law, nothing good was going to come of it. He has to be smarter then that, again especially since he was carrying. He has to know if something goes wrong the worst can and probably will happen. Not to mention he had no idea who TM was and if he was armed. There was no reason any of it should have happened and for that it is a shame Zimmerman walks away without some sort of punishment.
July 15, 201313 yr Why did Zimmerman leave his vehicle and not wait for the police to respond? Was it in his authority to arrest or detain Martin? If so, how was Martin suppose to be aware of this? My assumption was that Zimmerman did not want Martin to be able to get away in the 10 minutes or so it would take police to arrive. I if know you called the police on me, unless there just happened to be an officer in the neighborhood, I could be a dozen blocks away by the time they show up and would never find me. So, I understand the temptation to want to stay on someone's trail but fully realize you are endangering yourself when you do that. Edited July 15, 201313 yr by Bert
July 15, 201313 yr While I think most agree it would have been wise for him to not pursue Trayvon it's not illegal. He could not arrest Trayvon. I could easily see this a being construed as a violation of Martin's civil rights.
July 15, 201313 yr I could easily see this a being construed as a violation of Martin's civil rights. How exactly was Martin's civil rights violated? Just because he was black doesn't mean there were civil rights violations.
July 15, 201313 yr How exactly was Martin's civil rights violated? Just because he was black doesn't mean there were civil rights violations. Is profiling not considered a violation of one's civil rights?
July 15, 201313 yr LN do you think the main prosecutor (I can't remember her name) should be disbarred for withholding evidence from defense and judge? She fired a member of her staff after the case went to the jury for basically being a whistle blower and telling the defense about the evidence. If it is firmly established that the prosecution withheld evidence, I would expect there to be some disciplinary result. Could be just sanctions by the court; could be the Florida Bar Association or Florida Supreme Court (not sure how Florida handles ethics violations) imposes discipline. Should she be permanently dis-barred? I don't know. Perhaps. That's a pretty big no-no for a prosecutor. I was taught that you give the defense everything. And I mean everything. Once again, I only prosecuted cases that I was absolutely convinced I had evidence proving that a crime had been committed. Why hold something back (even if I didn't think it would help the defense) and risk the conviction being overturned on appeal because I had withheld evidence and then have to go through a new trial years later when memories are worse, evidence may have been lost, etc.. If I did think the evidence would help the defense I wanted them to have. I liked going to sleep when I put my head on the pillow. I didn't want someone to be wrongfully convicted as a result of me withholding evidence. I never went into the courtroom thinking it was me vs the defense counsel or that there was a competition going on between the lawyers. It does seem to me that the prosecutors lost the proper perspective in this case, probably due to the emotion involved and the pressure put on the prosecution to get a conviction.
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