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What's happens now that Zimmerman is charged

Discussion in 'Politics, Elections & Legislation' started by mrskeet410, Apr 12, 2012.

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  1. mrskeet410

    mrskeet410 TS Member

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    http://www.cnn.com/2012/04/12/justice/florida-teen-shooting-next/index.html

    "(CNN) -- The special prosecutor in the Trayvon Martin shooting case has announced she has filed a charge of second-degree murder against George Zimmerman.

    So, what did special prosecutor Angela Corey have to do legally to get here and what will happen next?

    In Session's Beth Karas and Jessica Thrill break down the steps Corey took in order to file the charges and how the case will proceed from here.

    A collection of public documents in Trayvon Martin shooting

    STEP 1 -- Now that Zimmerman is in custody, he has a "first appearance" before a judge

    * Zimmerman had his first appearance at 1:30 p.m. Thursday.

    * First appearance hearings have to happen within 24 hours of someone's arrest.

    * The judge read the charges, so Zimmerman is clear about the crimes he is accused of.

    * The judge addressed Zimmerman's right to counsel. Zimmerman has hired Mark O'Mara.

    STEP 2 -- Zimmerman's bond

    * Second-degree murder is considered a "nonbondable" offense because the maximum penalty is life in prison.

    * Both sides may have already agreed on a reasonable bond.

    * But if they haven't, then Zimmerman's attorney, Mark O'Mara, can ask for an "Arthur hearing" in an attempt to get bond set.

    If O'Mara does ask for an "Arthur Hearing," it could happen early next week.

    * At the "Arthur hearing," the burden is on the prosecutors to show that Zimmerman should not be given bond.

    To meet that burden, they will have to present evidence to support no bond.

    If the prosecutors fail to meet the burden, the judge will look at other factors to decide whether to set bond. Those factors include Zimmerman's ties to the community, whether he's a flight risk and whether he's a danger to the community.

    * This hearing is the opportunity for the defense to see the prosecution's evidence against Zimmerman. So, we could get to hear some of the evidence that has not been disclosed.

    STEP 3 -- Arraignment

    * The arraignment will likely happen within two to three weeks of the arrest.

    * Zimmerman may or may not appear in open court for his arraignment.

    Often the defendant will waive the appearance at the actual court hearing and his attorney can enter a written plea of not guilty on his behalf.

    * Zimmerman will be arraigned and must enter a plea on the charges, most likely "not guilty" (at this stage, defendants almost never plead guilty).

    In fact, O'Mara has already indicated that publicly.

    STEP 4 -- Defense files a motion to dismiss based on "stand your ground" law

    * Zimmerman is entitled to a pretrial evidentiary hearing on whether he can use the stand your ground immunity.

    * The burden at that hearing is on the defense to prove by "a preponderance of the evidence" (meaning it's more likely than not) that Zimmerman was justified in using deadly force.

    In Florida, an individual can use deadly force anywhere (with no duty to retreat) as long as he/she:

    -- is not engaged in an unlawful activity;

    -- is being attacked in a place he/she has a right to be; and

    -- reasonably believes that his/her life and safety is in danger.

    * The judge decides whether Zimmerman's actions were justified and therefore entitle him to the stand your ground immunity.

    If the judge finds the force was justifiable, then the charges are dismissed and Zimmerman is immune from further criminal prosecution and, possibly, civil liability.

    If the judge finds the force was not justifiable, then the charges against Zimmerman move forward (see steps 5 and 6 below)

    * If the judge rules Zimmerman is immune, the prosecution can appeal that decision to a higher court.

    STEP 5 -- Pretrial

    * Both the prosecution and defense could file a slew of pretrial motions in the case that deal with anything and everything from turning over documents and evidence to keeping certain evidence out at trial. It is too early to tell.

    STEP 6 -- Trial

    * Zimmerman is charged with second-degree murder.

    To convict someone of second-degree murder prosecutors have to prove several things beyond a reasonable doubt.

    -- First, that Trayvon Martin is dead.

    -- Second, that George Zimmerman's criminal act caused Trayvon Martin's death.

    -- Third, that Zimmerman knew his actions were reasonably certain to kill, that he committed the act with a depraved mind and the act itself was indifferent to human life.

    NOTE: Prosecutors do not have to prove that Zimmerman intended to kill Trayvon Martin.

    Zimmerman could assert self-defense at trial, but the burden is on the prosecution to prove that it wasn't self defense beyond a reasonable doubt.

    The jury will have to consider the circumstances surrounding the killing and decide whether it was second-degree murder or a justifiable use of deadly force.

    The jury could also look at lesser-included offenses. At some point during or after the trial, the attorneys will meet with the judge in what is called a "charging conference" to argue which legal instruction the judge will give the jurors. We will not know which lesser-included offenses will be given to the jury until then.

    * It is too early to tell what lesser charges the evidence may support, but one possibility is manslaughter.

    To convict someone of manslaughter, prosecutors have to prove two things beyond a reasonable doubt:

    -- that Trayvon Martin is dead AND

    -- that Zimmerman's acts caused Trayvon Martin's death

    NOTE: Manslaughter does not require that it be an intentional killing, only that the act that caused death was intentional and not justified or excusable.

    Zimmerman could assert self-defense at trial, but the burden is on the prosecution to prove that it wasn't self defense beyond a reasonable doubt.

    The jury will have to consider the circumstances surrounding the killing and decide whether it was manslaughter or a justifiable use of deadly force.

    NOTE: In the charging document, Corey alleges that Zimmerman killed Martin with a gun. That is important, because if the jury does convict Zimmerman of the lesser charge of manslaughter, using a gun increases the penalty that Zimmerman would face on a manslaughter conviction.

    If convicted of second-degree murder, Zimmerman faces a sentence of 25 years to life in prison without parole."
  2. John Galt

    John Galt TS Member

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  3. mrskeet410

    mrskeet410 TS Member

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    "Affidavit alleges George Zimmerman 'confronted' Trayvon Martin

    A probable cause affidavit filed in the second-degree murder case against George Zimmerman provides some insight into why Florida special prosecutor Angela Corey chose to charge Zimmerman in the fatal shooting of unarmed 17-year-old Trayvon Martin.

    The four-page document prepared by prosecutors says that "Zimmerman confronted Martin." Zimmerman had told police that he shot Martin in self-defense, fearing for his life after Martin punched him in the nose, knocked him down and then banged his head on the sidewalk.


    Read more: http://www.foxnews.com/us/2012/04/12/affidavit-alleges-george-zimmerman-confronted-trayvon-martin/#ixzz1rukke6QJ
  4. halfmile

    halfmile Well-Known Member

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    OJ..........Rodney King............almost Tawana Brawley.....

    He will be convicted due to fears of race riots. His innocence or guilt will not have much to do with it.

    40 years of progress down the tube.

    Thanks a lot, homies.

    HM
  5. rbmtrap

    rbmtrap Member

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    What happens now?

    The reality of a same sex relationship now become apparent...

    All of his funds are gone for defense - financial ruin...

    Life for he and his family as he knew it is over forever...

    All because this self styled cop wannabee was out roaming around with a gun instead of home with his family - and the 'killer' (pun intended) was when real law enforcement told him to stop following the victim, yet he continued - kind'a tough to successfully claim self defense when you are specifically out looking for trouble...

    Hope they throw away the key. Not particularly worried about being shot by a bad guy, but mistakenly by some Zimmerman creature who thinks he's a good guy.
  6. halfmile

    halfmile Well-Known Member

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    You seem to have a cranial rectosis problem.

    If you didn't get the witness' statement its in the orlando paper.

    HM
  7. Bruce Specht

    Bruce Specht Active Member

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    Should the acused be provn guilty he should serve the time. If not set him free and give him back what ever self respect and good name he has left.
  8. Jerbear

    Jerbear TS Member

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    Trayvon Martin's killer showed signs of injury: neighbors

    http://www.reuters.com/article/2012/04/16/us-usa-florida-shooting-idUSBRE83F19Y20120416

    (Reuters) - Neighbors of George Zimmerman say he had bandages on his nose and head the day after he shot dead Trayvon Martin, supporting statements by the neighborhood watch volunteer that he was beaten in a confrontation with the black Florida teenager.

    The extent of Zimmerman's injuries could be crucial to his legal defense under Florida's "Stand Your Ground" self-defense law, which allows the use of deadly force when someone has the reasonable belief he could face death or great bodily harm.

    Police said Zimmerman, who has been charged with second-degree murder in the racially charged case, was bleeding from the nose and the back of his head and was treated by medics before being taken to Sanford police station after the February 26 shooting.

    But public doubts were later raised by the release of a grainy surveillance video from the police station in which no injuries were readily visible.

    Zimmerman later sought medical treatment for injuries including a broken nose, his former lawyers have said.

    Read more at the above link....


    Jerbear
  9. Stl Flyn

    Stl Flyn Well-Known Member

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    Maybe he should pick on 14 year olds, so he does not get his a$% kicked, and have to shoot them. LOL
  10. Johnny

    Johnny Active Member

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    Unless there is a witness, the injuries mean nothing. They could have been self inflicted to create evidence.
  11. Shooting Coach

    Shooting Coach Active Member

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    Dear Flynn

    I have studied Martial Arts for years, formerly bounced at my bar for years, and am still licensed by the State of Tenn to train Armed Professionals in Unarmed Defense.

    A young, fit person that may have been under the influence of narcotics (he was in some trouble over drugs) can be a hand full, even for one trained in such things. Such a person may have to be killed to stop an attack. There is no evidence that Zimmerman had a background in open hand defense.

    If this guy was getting his head banged on concrete, he WAS in fear of serious bodily injury or death.

    Since the second place winner in this attack was colored, the truth about the matter may never be made public.

    Oddly enough, the drugs have been downplayed, and no one has said the kid was NOT on drugs when he died.
  12. TOOLMAKER 251

    TOOLMAKER 251 TS Member

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    Watch the video in this link and you will learn more then you heard so far.

    http://www.ignatius-piazza-front-sight.com/2012/04/16/front-sights-monday-blog-zimmerman-versus-martin/
  13. Stl Flyn

    Stl Flyn Well-Known Member

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    SC,

    The problem with what you are saying is, you are assuming he was on drugs. We don't know that! If you have proof please let us read the toxicology tests. While we are at it, I wonder if there was any blood tests done to Mr. Zimmerman?

    From what I have seen Trayvon Martin was laying dead a good ten feet from any concrete. If Zimmerman was getting his head pounded on the concrete when he shot him he must have flown through the air. Copy and paste. http://tinyurl.com/chz4klu


    I believe the truth will come out. If all evidence was gathered and a thorough investigation was done, with the 911 tapes, I truely believe the truth will come out. I also really want this to go to trial. There should not be a plea bargin. If Zimmerman story is true in his eyes, there is no reason to do so. I really hope the jury does not judge before the case is heard. I believe that if this all happens, with no outside rhetoric, EITHER WAY, that justice will be served.
  14. Shooting Coach

    Shooting Coach Active Member

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    Dear Flynn

    I am not assuming anything. If the kid had a clean tox screen, the race baiters would be telling the world. Typically, a tox screen is performed on the survivor of such an ordeal. What is NOT being said is telling a lot.

    Unfortunately, no standard handgun has what can be called "stopping power". Even a direct hit to the heart may not immediately stop a determined or impaired attacker. Such a hit may still give an attacker up to 10 seconds of life and the ability to continue an attack.

    Peruse the details of the botched 1986 FBI Cluster in Florida, when they attempted to stop two "most wanted" criminals in the middle of a suburban neighborhood. The perps, found to be drug free, soaked up enough lead to line a nuclear reactor, THEN killed or crippled a car load of Federal Agents before they were stopped.
  15. Stl Flyn

    Stl Flyn Well-Known Member

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    Alright let say that can happen. From the witness' in the above link one person got up after the shot, and the other lay dead.
  16. slide action

    slide action Active Member

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    To the liberals (AKA socialist commies), Wheter or not Zimmerman acted in self defense OR NOT doesn't matter! They will cry for the truth until it does not match how they WANT it to turn out! They DO NOT want the TRUTH! They want they left wing agenda, nothing less! Funny thing they will NEVER say anything about the Black Panthers bounty on heads(no justice Dept. investigation about THAT was there)???!!!! Right now there is probably no way there can be a fair trial. The militant racist thugs will threaten to kill the jury if Zimmerman is not convicted!
  17. mrskeet410

    mrskeet410 TS Member

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    Slide - Of course it matters. Neither do you want the truth if it doesn't match your bias.
  18. John Galt

    John Galt TS Member

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  19. Rick Barker

    Rick Barker Well-Known Member

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    mskeet, Are you and Stl Flynn the only ones that know the truth?
  20. grnberetcj

    grnberetcj Active Member

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    Hey folks...trying to argue (and even engage in a intelligent conversation) with a liberal (and democrat) is like trying to pick up a turd by it's clean end.....

    Don't feed into those horses arses....

    Curt

    FEAB9
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