Even more on that evidentiary hearing

April 12, 2012
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Here’s how it works:

  • If Zimmerman is charged, he is entitled to a pre-trial evidentiary hearing on whether he is entitled to the immunity based on the law.
  • The burden at that hearing is on the defense to prove by “a preponderance of the evidence” (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:
    1. is not engaged in an unlawful activity;
    2. is being attacked in a place he/she has a right to be; And
    3. reasonably believes that his/her life and safety is in danger.

Zimmerman clearly satisfies criteria 1 and 2. So it comes down to 3 – whether he can show, by a “preponderance of the evidence,” i.e. greater than 50 percent likelihood, that Trayvon Martin was smashing his head against the sidewalk.

Then:

  • The judge decides whether Zimmerman’s actions were justified, and therefore entitles him to the “stand your ground” immunity.
    1. 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.
    2. If the judge finds the force was not justifiable, then the charges against Zimmerman move forward.
  • If the judge rules Zimmerman is immune, the prosecution can appeal that decision to a higher court.

18 Responses to Even more on that evidentiary hearing

  1. setnaffa on April 12, 2012 at 11:07 am

    Hopefully, he has good lawyers.

  2. MikeyW on April 12, 2012 at 11:22 am

    - “Zimmerman clearly satisfies criteria 1 and 2.” – So does the dead kid.

    - “So it comes down to 3 – whether he can show, by a “preponderance of the evidence,” i.e. greater than 50 percent likelihood, that Trayvon Martin was smashing his head against the sidewalk.” – Or if Martin was smashing his head against the sidewalk was the only way he could defend himself against Zimmerman, who by the way was following him, and then approached him. Oh, and had a gun. And all you have is a bag of Skittles.

  3. MikeyW on April 12, 2012 at 11:31 am

    And BTW, #2 is not a given for Zimmerman. No one saw him being attacked, only that he was losing a fight. Zimmerman was following Martin. Zimmerman left the safety of his SUV and approached Martin. Why assume Martin attacked Zimmerman? It was Zimmerman that created the situation by advancing toward Martin (definately not standing his ground). Martin was standing his ground.

  4. fremont on April 12, 2012 at 11:38 am

    preference for thugs didn’t work for california and it won’t work for florida. people with jobs have left california in droves leaving the non paying thugs behind. so florida charges the guy with a job in favor of the thug trying to kill him.

  5. anonymous un-RINO on April 12, 2012 at 11:39 am

    You’ll have to take all that up with the multiple eyewitnesses, troll. They saw that thug assaulting and pounding that hispanic guy’s skull into the sidewalk. That’s sorta how this works… it’s based on evidence.

    If those eyewitnesses testify that that thug was pounding that guy’s skull, then he merits gettin’ shot, then, today and tomorrow. Try it and see for yourself how it comes out. Go assault some stranger on the streets. Good luck.

  6. anonymous un un un un un-RINO on April 12, 2012 at 11:48 am

    Pity that poor wife of anonymous un-RINO, having to listen to his yap for years.

  7. anonymous un-RINO on April 12, 2012 at 11:57 am

    …yeah, it’s almost as bad as your mommy having to listen to you in her basement, troll. ;-)

  8. ATTILA on April 12, 2012 at 12:14 pm

    Zimmerman clearly satisfies criteria 1 and 2.” – So does the dead kid

    The dead kid was the attacker, not the attacked.

  9. ATTILA is D.U.M.B. on April 12, 2012 at 12:21 pm

    The dead kid was the attacker, not the attacked.

    That neatly explains why Zimmerman is presently in jail, charged with murder.

    Not the sharpest, are you?

  10. ATTILA on April 12, 2012 at 12:42 pm

    That neatly explains why Zimmerman is presently in jail, charged with murder.

    That is because of the street mob mentality, that the pussy governor caved into, and a more than willing ghetto prosecutor. She knew a grand jury would toss the case. Kangaroo prosecution.

  11. MikeyW on April 12, 2012 at 12:49 pm

    - “The dead kid was the attacker, not the attacked.” – No witness substantiates that. But don’t let that bother you.

  12. anonymous un-RINO on April 12, 2012 at 12:54 pm

    Sure a witness substantiates that that thug attacked that hispanic guy, troll.

    Multiple eyewitnesses, in fact. And some earwitness testimony will likely come available as well, once the recordings of the hispanic guy’s screams get deciphered. You know, his screams while he was being attacked, forcing him to shoot the thug attacker.

  13. The Ace on April 12, 2012 at 12:55 pm

    “That is because of the street mob mentality, that the pussy governor caved into, and a more than willing ghetto prosecutor. She knew a grand jury would toss the case. Kangaroo prosecution.”

    Because you say so? You’ve already shown that you aren’t bright.

    Clown.

  14. ATTILA on April 12, 2012 at 12:56 pm

    MikeyW on April 12, 2012 at 12:49 pm said:
    - “The dead kid was the attacker, not the attacked.” – No witness substantiates that. But don’t let that bother you

    That being the case numbnuts, there was also no witness that zimmerman was the attacker, but there were witnesses that the little black boy was banging his head onto the sidewalk. He said, she said,ghetto accusation, is not enough for a conviction.,

  15. The Ace on April 12, 2012 at 12:58 pm

    “once the recordings of the hispanic guy’s screams get deciphered. You know, his screams while he was being attacked, forcing him to shoot the thug attacker.”

    Uh, moron, what will you when the voice analysis doesn’t support your story?

    What will you do then, imbecile?

  16. ATTILA on April 12, 2012 at 12:59 pm

    Because you say so? You’ve already shown that you aren’t bright.~~~acehole

    It was reported in the newspaper numbnuts, and she did refuse a grand jury. Truth hurts don’t it?,useful idiot .

  17. ATTILA on April 12, 2012 at 1:00 pm

    Uh, moron, what will you when the voice analysis doesn’t support your story?

    Uh, dipshit what will you when the voice analysis does support the story?

  18. ATTILA is dumb on April 12, 2012 at 1:12 pm

    Please, ATTILA, stop posting. Your low effort thinking isn’t up to snuff.

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