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Re: MIlitary courts are also based on common law, just shifted for military realities Jay Sherman Send a noteboard - 13/07/2013 12:21:06 AM

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Regardless, I'm not overly concerned with the minutiae because in this particular case (State vs. Zimmerman), the self-defense claim is built on several conflicting reports from Zimmerman himself and it's quite obvious they are simply an attempt to justify the homicide. In this particular case against Zimmerman there is no justification for homicide and that is why I believe he will get manslaughter rather than murder.

Zimmerman's claim that Martin was on top of him beating him up is based on physical evidence (wounds to Z, no wounds to M) and eye witness account. There is absolutely no impartial evidence as to who started the physical alteration. Zimmerman's story of being attacked by Martin has never wavered, supported by the physical evidence, and the history of Zimmerman's interaction with the police when he was reluctant to approach other suspicious individuals in the past (BTW: he has been a concealed car permit holder for 4 years, so he was probably armed then too).


You are ignoring the lack of DNA evidence on Martin. If he was indeed attacking Zimmerman as viciously as Zimmerman claims, then there should be DNA from Zimmerman on Martin's hands. As it stands, they could only find a trace of DNA on two of Martin's fingers, which is only consistent with Martin throwing a punch. It does not prove Martin started the fight any more than it proves Zimmerman did. There is no proof of who started the fight, but there were plenty of instances where Zimmerman could have avoided the fight entirely if he had just done things differently. The fight did not have to happen, and the shooting did not have to happen. The question they need to address is whether or not the shooting is justifiable homicide. Figuring out who started the fight would have given a lot more credence to one side or the other, but there is no concrete evidence that supports Zimmerman's account, just as there is no concrete evidence that refutes it either. We are left holding a pile of obvious lies and distortions from Zimmerman's testimony and it is up to the jury to decide if that means he acted with ill will or spite.

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Looks like Zimmerman is going to be acquitted..... - 09/07/2013 08:54:18 PM 1360 Views
I've figured this since the first week of testamony - 09/07/2013 09:06:59 PM 1013 Views
I'm not sure someone being punished excessively is a good reason to mimic it - 09/07/2013 10:26:51 PM 753 Views
Excellent response, you covered everything I would have wanted to. *NM* - 10/07/2013 06:48:15 PM 360 Views
Thanks *NM* - 11/07/2013 01:35:15 AM 296 Views
Nutty reply by you as usual.....but..... - 09/07/2013 10:36:45 PM 816 Views
coming from your side of the aisle, I take that as a compliment. :-) - 11/07/2013 12:18:07 AM 979 Views
All right, let's talk about Yoda, this so-called 'wise' Jedi Grandmaster - 11/07/2013 01:34:57 AM 693 Views
Yep that Yoda. - 11/07/2013 02:26:03 AM 854 Views
It is a time-honoured US criminal justice tradition after all - 10/07/2013 10:06:35 PM 658 Views
The prosecution has been terrible in this case. It reminds me of the OJ prosecution. - 10/07/2013 10:58:50 PM 684 Views
When one person is on top of another beating him up..... - 11/07/2013 04:22:02 AM 731 Views
As a person who has been trying not to follow the case - 11/07/2013 04:07:01 PM 739 Views
Yeah, but you are forgetting something rather important - 11/07/2013 06:41:54 PM 774 Views
I am sorry but that is not quite true - 11/07/2013 07:10:19 PM 777 Views
Go review the timeline it is available online. *NM* - 11/07/2013 07:22:43 PM 288 Views
I am having a hard time believing that you can justifiably kill in a fight you started and lost - 11/07/2013 09:51:00 PM 672 Views
It is a tough legal argument but it can occur. - 12/07/2013 01:24:11 AM 670 Views
Home defense is an entirely separate situation than an aggressor losing a fight - 12/07/2013 10:13:42 PM 735 Views
It really isn't too hard to find, if you bother to look. - 12/07/2013 11:41:35 PM 1194 Views
I understand the theory, and military court is not quite the same as common law, yes? - 12/07/2013 11:52:54 PM 732 Views
MIlitary courts are also based on common law, just shifted for military realities - 12/07/2013 11:59:24 PM 741 Views
Re: MIlitary courts are also based on common law, just shifted for military realities - 13/07/2013 12:21:06 AM 758 Views
There is no call for self-defense for a fight you initiated yourself - 11/07/2013 06:34:46 PM 746 Views
Once again, following someone doesn't justify assault. - 11/07/2013 07:34:09 PM 633 Views
Thank god the perpetrator got shot - 11/07/2013 07:48:12 PM 699 Views
And once again, when did Zimmerman identify himself as the neighbourhood watchman? - 11/07/2013 08:59:28 PM 728 Views
He was under no legal obligation to do so. - 12/07/2013 01:39:45 AM 707 Views
He was also under no legal obligation to follow Martin, despite being neighbourhood watchman - 12/07/2013 05:15:00 PM 857 Views
Except that there is exactly zero evidence to support your scenario. - 12/07/2013 06:00:05 PM 782 Views
If you don't care one way or the other, why are you arguing so strongly for acquittal? - 12/07/2013 10:06:00 PM 691 Views
You covered several areas... - 12/07/2013 11:28:18 PM 704 Views
A couple of points... - 13/07/2013 12:15:47 AM 764 Views
I have to disagree about the manslaughter - 13/07/2013 12:45:32 AM 638 Views

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