17 year old kid shot dead by Neighborhood Watch "Captain"

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    IndyDave1776

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    One wonders where this type of mob rule in which the criminal justice system panders to the politics of race rather than the rule of law will take us.
     

    Fargo

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    In a state of acute Pork-i-docis
    I believe all states do it the same as Indiana. Here, a jury in such a case would be given the option of finding him guilty of a lesser charge if the facts presented at trial proved to them beyond a reasonable doubt that he was guilty of the lesser crime. However, very important: They can only consider the lesser charges that are enumerated to them in the jury instructions. They will be given detailed instructions regarding what threshold must be met for each possible charge that they are permitted to consider. This is not a 2nd degree murder case and I'm sure the special prosecutor knows that. She wants somewhere for the jury to go if they don't find him guilty of the stated charge. Given everything to which we are privy, I'd much rather defend than prosecute.

    No, actually it is exactly the opposite. In Indiana the law is very clear that the prosecution can charge a case so as to prevent the jury from being instructed on lesser includeds. I believe Florida is the same way but I am not certain.

    Joe
     

    Pocketman

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    You do not need evidence to file charges against someone, just the willingness to do so. This will not end well.

    Over 50-60 people died after the Rodney King fiasco, what do you think is going to happen with this. If the Prez had not thrown his 2 cents in and the Panthers had not offered a $1,000,000 bounty on this white hispanics head it would be done and over with.
    $1,000,000? Are you spreading misleading and inflammatory information? Make no mistake, I totally condemn the NBP for their bounty. I also caution people from spreading embellishments and untruths. Let's not lower ourselves to where it is us who are fanning the flames.
     

    Bunnykid68

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    $1,000,000? Are you spreading misleading and inflammatory information? Make no mistake, I totally condemn the NBP for their bounty. I also caution people from spreading embellishments and untruths. Let's not lower ourselves to where it is us who are fanning the flames.
    No, they said they were going to raise a million dollars for just that. Hey, maybe I misread something, I am only human.
     

    Jake46184

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    One wonders where this type of mob rule in which the criminal justice system panders to the politics of race rather than the rule of law will take us.

    It's a good question, worthy of being pondered by all. As the Hispanic percentage of the overall population continues to explode, to surpass the Blacks within the next 10 years, and the White population becomes at most 50% of the overall population.....I think I know where it will eventually lead. It will make 1861-65 seem tame. My only solace is that I should be dead before it happens.
     

    Jake46184

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    No, actually it is exactly the opposite. In Indiana the law is very clear that the prosecution can charge a case so as to prevent the jury from being instructed on lesser includeds. I believe Florida is the same way but I am not certain.

    Joe

    Probably best to just watch the thread and follow along, Fargo. The prosecution WANTS the jury to consider the lesser charge. That's why they went higher than they can realistically expect a conviction. It gives the jury somewhere to go.

    Not trying to humiliate or belittle you. In Indiana, I have a lot of background in the investigative side of such cases. I suspect Florida law is similar in this regard.
     

    Pocketman

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    No, they said they were going to raise a million dollars for just that. Hey, maybe I misread something, I am only human.

    Google $1 million dollar reward for Zimmerman. A long list pops up. :dunno:
    They bragged $1,000,000 but couldn't get the support and had to settle for $10,000. Doesn't make it any less wrong, but does illustrate their limited influence.
     

    griffin

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    This is not a 2nd degree murder case and I'm sure the special prosecutor knows that.
    This is a rhetorical question that you can't answer, but why not just charge with what she thinks is the appropriate charge? If she truly doesn't believe Murder 2 is appropriate, she is bowing to political and racial pressure.
     

    Fargo

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    In a state of acute Pork-i-docis
    Probably best to just watch the thread and follow along, Fargo. The prosecution WANTS the jury to consider the lesser charge. That's why they went higher than they can realistically expect a conviction. It gives the jury somewhere to go.

    Not trying to humiliate or belittle you. In Indiana, I have a lot of background in the investigative side of such cases. I suspect Florida law is similar in this regard.

    Yeah, and since I'm a lawyer who practices exclusively Indiana criminal law, I don't really give a rat poo about your "investigative" background...

    My statement of the law is correct, factually lesser included offenses may be foreclosed based upon the charging instrument the state uses. Yours was not.

    Now read and try to figure it out:

    http://www.in.gov/judiciary/opinions/pdf/03191201fsj.pdf

    By the way, the "belittling" thing was really cute.

    Joe
     

    Expat

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    Probably best to just watch the thread and follow along, Fargo. The prosecution WANTS the jury to consider the lesser charge. That's why they went higher than they can realistically expect a conviction. It gives the jury somewhere to go.

    Not trying to humiliate or belittle you. In Indiana, I have a lot of background in the investigative side of such cases. I suspect Florida law is similar in this regard.

    What Fargo said is more in line with what a Prosecutor told us in a case we were involved in. He didn't want to include any lesser charges so the jury HAD to find him guilty on the B felony and not go down to a C. He was confident they would find him guilty.
     

    griffin

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    $1,000,000? Are you spreading misleading and inflammatory information?
    He is correct. You apparently haven't been following the news very closely. The NBPP began by offering less the first day, but said they were soliciting money from rich Hollywood and rapper types and were going to up the bounty to $1,000,000. My bet is they never raised that much money, though. They also said they were going to have a 10,000 man bounty hunt all over the greater Orlando area, but then changed that to 5,000 man.
     

    hornadylnl

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    Really? Maybe that is why I suggested his white hispanicness came from his mother's side... sorry if that went over your head.

    Can you imagine the nerve of the media to assume that someone with the last name of Zimmerman was white and not Hispanic?
     
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