jtem:
RHPolitics: jtem: Wow! A meeting that took place AFTER the polarizing event had…
So…wait. You think this is a case where the justice system has worked?
JTEM:
Well, that depends. If you consider the fact that a man who has technically not broken any laws, committed any crimes, is not in jail a “Success,” then it’s working well.
He legally carried the gun. He legally followed the boy. He legally confronted him. I even believe it was perfectly legal for him to ignore the order to leave the scene and allow the police to handle it. It was all perfectly legal.
I agree. It was all perfectly legal…until he used deadly force against Trayvon Martin when 1) he was not preventing Trayvon Martin from imminently committing a felony, and 2) he had no reason to believe he was at risk for serious physical injury. George Zimmerman had 100 lbs. on Trayvon Martin, and Trayvon Martin had no weapons. Being in a physical altercation when you are not in your home or on your property is not justification for use of deadly force, even in Florida which has remarkably flexible self-defense laws.
I’m making my argument based on the legal definition of self-defense in Florida. Zimmerman’s behavior does not meet the criteria.
Fact is, there have been countless cases were a police officer has shot someone whom they believed was carrying a gun. Maybe it doesn’t happen every day, but it certainly happens a lot. And, although “I thought I was in danger” is not an airtight defense by any means, neither is it explicitly criminal. Intent plays HEAVILY on our laws.
The thing is, George Zimmerman is not a police officer, and there are very different rules for police officers and regular citizens—even citizens with concealed carry permits—when it comes to use of deadly force.
Intent does play heavily in our laws, but that’s why when it comes to criminal prosecutions, there are different charges and penalties for pre-meditated murder, murder committed in cold blood without premeditation, and manslaughter. George Zimmerman was not acting in self-defense by legal definitions of self-defense in Florida. He should have been charged with manslaughter.
What do YOU want? Do you want the countless court precedents set aside? Do you want to call it all “Illegal” and forget about what the law actually says? What are you asking for?
Again, all court precedents are in favor of Zimmerman being charged and tried. What Zimmerman did was illegal. Not the part where he carried a weapon. Not the part where he followed Martin. But the part where he used deadly force in a situation where it had no merit 100% absolutely was. He should be charged and tried. If he can convince a jury that he had sufficient reason to believe his life was threatened to the point that it merited deadly force, then fine. My guess, though, is that he won’t.
I warn you now: You may get this man hanged after all, but it will not be a good thing. It will not be justice, it will be a perversion of justice. And, yes, it will come back to haunt you. It will. You can’t both burn down the system and then expect it to protect you from the mob. It won’t happen. And if it comes to that you will forget your own role in affairs, no doubt, and shake your fist and rage against others for….
I have no interest in seeing Zimmerman hanged. I have an interest in seeing the justice system work according to its own laws. I don’t know how you can possibly argue that operating based on the existing laws in Florida and using the legal system exactly as it is intended constitutes burning down the system.