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Re: George Zimmerman Charged With 2nd Degree Murder in Trayvon Martin's Death
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"2011 Florida Statutes CHAPTER 776 JUSTIFIABLE USE OF FORCE[20] 776.012 Use of force in defense of person.—A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. However, a person is justified in the use of deadly force and does not have a duty to retreat if: (1) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony; or(2) Under those circumstances permitted pursuant to s. 776.013. 776.013 Home protection; use of deadly force; presumption of fear of death or great bodily harm." In other words, unless Zimmerman can prove that he had reasonable grounds for believing that deadly force was the only way to protect himself from imminent death or great bodily harm, he cannot rely upon the statute. Contrary to some of the publicity surrounding it, it isn't a "licence to murder" law. Anyway, while the second degree murder charge does seem odd at first, looking at the circumstances of the death in the public domain thus far it doesn't appear that manslaughter would be applicable. Shooting someone at very close range would be considered by most people as being "imminently dangerous to another and evincing a depraved mind regardless of human life" as set out for second-degree murder in chapter 782.04 of the Florida Statutes - admittedly the last bit is very strongly-worded, but in effect it's not the act of someone particularly concerned with the survival of their target. Manslaughter as typically defined requires that one does not know one's actions are likely to kill the other person, and given the role and training of the defendant this would seem unlikely. Indeed, the fact he claimed self-defence in interview would suggest he knew what the outcome was likely to be. On those grounds, I can see why the second-degree charge was made. That being said, it could drop to manslaughter once the trial is underway - my understanding is that it can only go down, though, not up, so that may explain their choice as well. |
Re: George Zimmerman Charged With 2nd Degree Murder in Trayvon Martin's Death
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Re: George Zimmerman Charged With 2nd Degree Murder in Trayvon Martin's Death
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I do see the point you're making, but for me it does smack somewhat of speculation. Quote:
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Re: Trayvon Martin
Here's some more ridiculousness for you all. Obviously she was told to retract her statement by someone.
http://usnews.msnbc.msn.com/_news/20...old-blood?lite |
Re: George Zimmerman Charged With 2nd Degree Murder in Trayvon Martin's Death
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Re: George Zimmerman Charged With 2nd Degree Murder in Trayvon Martin's Death
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And for the record, I know police officers can't shoot a gun out of someone's hand - you can probably thank Westerns for that cliche... |
Re: George Zimmerman Charged With 2nd Degree Murder in Trayvon Martin's Death
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Re: George Zimmerman Charged With 2nd Degree Murder in Trayvon Martin's Death
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Also, I feel your "A firearm is for killing" remark is perhaps an unwise statement to make, given that would infer intent on the part of any shooter and thus making any killing qualify as murder, intentional or otherwise. The danger of sweeping statements in action. |
Re: George Zimmerman Charged With 2nd Degree Murder in Trayvon Martin's Death
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Re: Trayvon Martin
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You don't hold his fate by what you think... So really what you think will happen doesn't matter. To me, I am just happy justice has been served. He should have at least been charged. I don't care what happens. I think a judge knows more about this than you do js... Quote:
And no it's not about race it's about a man who killed a 17 year old boy... Race aside he should be charged and am happy with the decision. |
Re: George Zimmerman Charged With 2nd Degree Murder in Trayvon Martin's Death
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Re: Trayvon Martin
I think it was cold blooded murder. It doesn't matter what race anyone is. Murder is murder. I don't like this Zimmerman guy at all. The kid didn't do anything wrong to him or to anyone, in that matter. I don't see why he had to kill him. His butt belongs behind bars, in my opinion.
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Re: Trayvon Martin
I'd like to share something new with everyone.
http://i40.tinypic.com/153qngm.jpg See this? This is George Zimmerman. According to the media and people out for Zimmerman's blood, he is an enormous man weighing in at a couple hundred pounds. OBVIOUSLY, THIS IS NOT THE FUCKING CASE. HE IS TINY. WHEN CONFRONTED BY A 6'3" FOOTBALL PLAYER IN HIS PHYSICAL PRIME, SUDDENLY THE NEED FOR SELF DEFENSE SEEMS 1000000000% MORE RELEVANT. I wonder what else Trayvon's family and the media have lied about to further their profits. Oh yeah, did I mention Trayvon's family has trademarked his name and anything remotely involving him to make money? |
Re: Trayvon Martin
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It wasn't murder. I HIGHLY doubt that Zimmerman was driving along in his car saw Trayvon and thought, hey let me get out of the car and shoot this kid. Especially since the evidence proves otherwise. If he was going to murder him he wouldn't have been stupid enough to call the cops and tell them he was following Trayvon. As for the Trayvon doing nothing wrong to him, while the confrontation could have been avoided if Zimmerman had stayed in his car, Trayvon did beat him up. So that would constitute as doing something wrong to him. Listen I'm sad the kid is dead. And I do think that Zimmerman is responsible and should be held accountable. However what's bothering me is all of these people saying, oh why did he have to kill him. No one should kill anyone. It is murder. Would you really be saying the same thing if Zimmerman had caught Trayvon in the act of breaking into a house and Trayvon attacked him in the same way? Just because someone kills someone else doesn't always make it murder, or even unjustified or wrong. In this case I do believe it could have been avoided. But people seriously need to get the facts and stop listening to celebrities and civil rights groups that don't know anything and have an agenda, stop jumping on the bandwagon. |
Re: Trayvon Martin
Dropping the hammer on somebody isn't an act to be taken lightly. Humans are naturally averse to the idea of killing each other.
Compelling somebody to take another's life is difficult. We all (Aside from rare cases, sociopaths etc) have a safety net in our psyche. Let me reiterate - we are naturally averse to taking human life. It's not natural, at all. That's why piranhas fight each other with their tails, not teeth. That's why, during WWI and WWII the vast majority of soldiers either didn't fire their weapons, or fired high. The simple fact is that we don't like killing. It would take a pretty serious act to force the forebrain into overpowering that built in safety net, and even then it doesn't happen often. Even somebody who is about to be killed might not even fight back, because they are simply so unwilling to kill another person. There has been no shortage of this throughout history. On the other hand, there are aggravating factors. Drugs, alcohol, fear etc. They can all push somebody towards being more willing to kill. Training, too, can help. Conditioning somebody to kill helps them when the time is right. That is why, when soldiers shoot targets in training they don't shoot bulls-eyes, they shoot human images. Long-term, serious and committed training can overcome that human psyche. Zimmerman? Wasn't drunk or high. Wasn't trained in killing. Doubt he had prior intent, or why call the Police? Frankly, I think this guy was actually so damned terrified of Martin, he killed him. That's not a light thing to do. Fuck anybody who thinks that killing somebody is easy. It's not. You either have to be one of the most mentally prepared motherfuckers in the world to pull a gun and blow a guy's chest open, or you have to be under some serious duress. Frankly, I don't think many of the sheltered kids in this thread understand just how bloody serious this is. I struggle to believe Zimmerman hopped out of his truck because he felt like disrupting his blue collar life by shooting a black man. It doesn't work that way. - Yogi |
Re: Trayvon Martin
Anyone have a pdf reader?
http://media.trb.com/media/acrobat/2012-04/69353440.pdf Affadavit of Probable Cause. It sounds like they're hinging their offense on the authority of the civilian dispatcher. This is not going to end well for them. |
Re: Trayvon Martin
he is actually a quite heavyset man... And he looks it in his photo. He is likely to be shorter because of his ethnicity. That doesn't make him weaker just actually have more stregnth. He's not tiny he's quite large just short. And travon didn't look heavy at all... So who's intimidating who....
btw the picture shows thank you very much this is not a black and white issue thank you for showing his photo. He's obviously hispanic js. And sorry but I actually don't give a care what anyone with any agenda says. You bigmole seem to hav an agenda and a biased. You compared their fight to break in... And I can only surmise why. |
Re: Trayvon Martin
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Size means jack and shit. Please stop bringing this up. - Yogi |
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Re: Trayvon Martin
One other thing I forgot to mention.
The man to the right of Zimmerman in the picture I found, Zimmerman's lawyer? Is about the same height as Trayvon. While I'm aware size doesn't always mean anything, the common conception was that Zimmerman was larger than Trayvon, this making him seem like he had a duty to retreat or had control over the fight. We know can pretty much safely ascertain that this is not the case, and is actually a matter of a smaller man being held down and beaten by a larger man. |
Re: George Zimmerman Charged With 2nd Degree Murder in Trayvon Martin's Death
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Also, on your comments regarding Martin being a 6'3 "footballer in his prime", 1) he was 6'0 and 2) his weight figures in this article hardly suggest he was a "footballer in his prime". I weigh more than Martin did and I would not expect to last 10 minutes in an American football match, despite the fact I am in pretty good shape. I would be flattened. Exaggeration does not do anyone any favours in cases such as these. Quote:
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Re: Trayvon Martin
dr2005 is making the assumption that violence is rational.
It's not. - Tyr |
Re: Trayvon Martin
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Re: George Zimmerman Charged With 2nd Degree Murder in Trayvon Martin's Death
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And Zimmerman's statement was that he was walking back to his vehicle after the dispatcher suggested he didn't need to follow anyone, and that is when Martin confronted him. Where did you hear "Zimmerman pushed Martin" besides the supposed phone call to his girlfriend that I've already heard might have not happened altogether? Thats new to me. |
Re: Trayvon Martin
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You are no doubt going to ask me to explain that. Bear with me, I will start putting together a post now. - Tyr |
Re: Trayvon Martin
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I was doing urban training a few months ago where my squad was practicing the clearing of buildings. The team would approach the structure from one side, breach the door (Or window/roof/etc) and then proceed to clear the building. For the purposes of training, instructors had fitted the buildings with shooting targets who were to be our "enemy" for the day. We were using blank cartridges in our service rifles, as well as various other pyrotechnics to simulate a full on urban assault. As usual, I breached the front door and we entered. Too tight to do the usual drill, so right after breaching I continued to push into the structure in lead. We got to the first room, and my partner and myself did the usual room clearance drill. Empty, except for a cupboard on the far side. We assumed we were up against the carboard cutout targets, so what happened next took us entirely by surprise. One of the instructors came flying out of the cupboard and launched himself at us, screaming "Don't shoot! Don't shoot!" but at the same time running straight for us. I was standing in the room corner, with my weapon at low ready (So in my shoulder, but pointing downwards). I got my weapon in the aim, released safety and double tapped him in the chest before he got halfway across the room. That was entirely subconscious. The after-action report on that building clearance was difficult - because I had theoretically shot and killed one of my own troops wearing our uniform. That's not something to be taken lightly. Thing is, I couldn't even explain the rationale behind what I did. It wasn't the right thing or the wrong thing to do. I just instinctively reacted, and my body did what it did without having any input from the frontal lobe in my brain. There was no time to apply a conscious thought process. There is very sound psychological evidence behind this sort of behavior (If you want to read more, look for Deep Survival, by Laurence Gonzales) is actually a result of natural evolution. If I had stopped at that exact moment, standing there with my rifle at low ready, and applied a conscious logical system to come to the appropriate reaction, I would have failed my teammates. The time it takes for the eyes to receive the right information (What is he doing, how fast is he moving, what is in his hands, what is his intent, what is his facial expression telling me, what is he wearing, what is going on around me?) is far too long. Had he been a hostile, in the time it would take for me to come to a conscious decision, I could have been killed. Or worse, my teammates would have died for my failure. What we use instead, are emotions. Do not confuse me use of the term "emotions" with "feelings". I am not talking about happy, sad, angry etc. I am talking about an instantaneous emotional response your body has when you are faced with a specific situation. When you see a naked women, your body reacts by increasing blood flow to the genitals, pupils dilate, skin flushes etc. That all happens before you have the chance to actually apply a conscious decision making model to the situation. You don't see a naked women and apply a conscious decision making model, the end result of which is you decide to be aroused. Doesn't work that way. It's highly emotive. Stashed away in the primate part of your brain, you have instinctively and subconsciously red-flagged the sight of a naked women, and it has been paired with the response of "Arousal". Have you ever been surprised by someone? That is the same concept. Your brain does not logically think "This person should not be here. What is going on? Perhaps I should go into a defensive posture to properly react?". No. Fuck no. Epinephrine and cortisone floods your system instantly, because your subconscious has flagged the situation of "Unknown intruder" as something which requires a defensive posture. That is why you are able to be surprised, even if it is somebody you know well. The rational decision of "Wait, that is just my girlfriend" is a lot slower than the instinctive emotional reaction you had, which is why you have that split second beforehand of defensiveness and surprise, which then quickly goes away. Because your brain does this sort of stuff subconsciously. When I was standing at low-ready in that kill-house room, my brain had already experienced close quarter combat, so it had red flagged the situation of "You are under attack" and my brain subconsciously knew that the response to that is "Fight back". I didn't need to sit there and think about it. My subconscious kicked into gear as soon as that door opened and somebody was coming at me. I was well trained in weapon drills, so my brain also subconsciously knew how to raise the weapon into the aim, release the safety and fire a double tap. That's why I faced the moment right afterwards of "Woah, what the fuck, that happened before I even had the chance to think". It's a survival mechanism that we all have. Violence happens very, very quickly. It is not always a conscious process. When I first come into contact, the reaction of "Hit the deck" is not conscious. It just happens. That is not a conscious process. You react the way your brain subconsciously knows how to. That's why some people flounder, panic and stall when in dangerous situations. Because they have no emotional bookmark to refer to, and they end up just shitting themselves. Throw a ball at a sporty guy, and he'll probably either dodge it or catch it. Throw it at some non-sporty girl, and she'll freak the fuck out. A person will revert to their most base self during those moments. Now, I won't go on to talk too much about Martin vs Zimmerman. But think about what I have just said. The same way I highly doubt Zimmerman just decided to stop and kill a black man (The psychology of which I described in an earlier post) I also highly doubt there was much conscious thought process going on during any struggle. Personally, I doubt I would be capable of deciding during a close quarter struggle to go for a wounding shot. Especially when somebody is mere inches away. I personally just don't have the mental capacity to be doing that during a hand to hand fight. Some people might have a lot more experience and training than me, and they are capable of doing that without thinking too much. Zimmerman, though? No, I doubt it. I suspect all he knew was that he was under attack, and his instincts were screaming "USE THE GUN! USE THE GUN!". Nowhere in there was the logical thought of "Well, I better obey the law here. I should use a non-lethal combatives hold to subdue this opponent, because applying too much force would be immoral and illegal, and I might face consequences afterwards". Yes, a groin strike would have been the logical thing to do. But you know as well as I do that (Unless you are well trained in combatives) if I came at you, and starting fucking your shit up, you wouldn't be able to properly execute a groin strike. If I asked you afterwards why not, you'd tell me it was just too difficult, couldn't think of how to do it, couldn't think while being attacked etc. Sure, maybe you'd pull it off. But you can't say that with certainty. (Hey, I don't know you that well, maybe you know how to handle yourself in a fight. Maybe you could manage it?). Hand to hand combatives isn't easy. Everybody ignored my last post I made. I assumed it was because most people couldn't quite handle the idea of somebody applying the known psychology of killing and combat to the shitheap which is this thread. Which is sad, really. - Tyr |
Re: Trayvon Martin
What's up kids?
Too many words? Not comfortable with the topic of taking lives? - Tyr |
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Re: Trayvon Martin
It is a racist issue. If Trayvon was white would he have gotten killed? No. Whether you have a violent mentality or not, if you are a young black male, you are seen as a threat.
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You are confusing racism with profiling. I profile people all the time. I make a living in the world of crime, killing and warfare, so I'm a lot more open about it than the average person. For the average person, they have this moral obligation to believe that every single person should be treated and judged the same irregardless of physical appearance, age, gender, race, behavior and how they dress. That is not realistic. Not only does this moral obligation (Which is only a recent change in human psyche) clash with our evolutionary instinct (Which has been in our psyche for thousands of years), but it is also impossible to execute in some areas of our life. There is sound psychology behind profiling, and if I remember correctly it is the Israelis who are the global leaders in the science of it. There are a number of reasons why young black males are seen as threats, none of which has anything to do with racism. I would be more than happy to explain it to you, but so far my other posts have gone unacknowledged. Why should I take the time out of my day to teach you something if you doggedly refuse to take it in? - Tyr |
Re: Trayvon Martin
I see your point.
However, the district attorney must feel this is a hate/race issue. he wouldn't have slapped a murder charge on Zimmerman if it wasn't a hate crime. If Zimmerman was in defense, he would have charged him with manslaughter. |
Re: Trayvon Martin
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There is absolutely no way second degree is going to stick. None. Zip. Zero. Also, there are no hate crime charges being filed, because there was no hate crime. |
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