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

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    Pocketman

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    Aug 11, 2010
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    The media says that Zimmerman is being held without bond. I find that interesting in a 2nd degree murder case with a suspect who has no prior convictions and has shown no danger of being a flight risk. Indeed, he voluntarily turned himself in. Protection? That's not how the process works. If he is eligible for bail, he gets it. If he requests protection on the outside, it's the state's responsibility to consider the request and rule on it.

    This case is such a travesty of justice. We haven't seen anything this bad since O.J.
    Maybe you should hold this thought until his bail hearing tomorrow.
     

    Fargo

    Grandmaster
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    Mar 11, 2009
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    In a state of acute Pork-i-docis
    Maybe you should hold this thought until his bail hearing tomorrow.

    Yeah, in Indiana there is no right to bail on murder cases. There has to be a showing of a weak case the case before the court can even consider granting it. I dunno if Florida is the same or not.

    Indiana Constitution said:
    Section 17. Bailable offenses

    Section 17. Offenses, other than murder or treason, shall be bailable by sufficient sureties. Murder or treason shall not be bailable, when the proof is evident, or the presumption strong.

    Joe
     

    Fargo

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    Mar 11, 2009
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    In a state of acute Pork-i-docis
    What media are you listening to? He hasn't even had a bond hearing yet.

    My God. Is there a palmface emoticon here?

    He is being held without bond. In many/most states, there is a bond schedule set which sets a presumptive bail, unless otherwise modified by a hearing. Therefore, you can bond out without a hearing.

    However, murder is generally a no-bond via the bond schedule unless modified at the hearing.

    Joe
     

    griffin

    Shooter
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    Sep 30, 2011
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    Okemos, MI
    I posted the cite to it a ways back in this thread and am too lazy to look it up again.
    toetap.gif
     

    Fargo

    Grandmaster
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    Mar 11, 2009
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    In a state of acute Pork-i-docis


    Alright, alright:

    776.041 Use of force by aggressor.—The justification described in the preceding sections of this chapter is not available to a person who:
    (1) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or
    (2) Initially provokes the use of force against himself or herself, unless:
    (a) Such force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant; or
    (b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.

    (2)(a) is what you are looking for.

    Joe
     
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