Skip to main content

View Diary: Text Of Prosecution Affidavit In Zimmerman Case (247 comments)

Comment Preferences

  •  I heard something interesting from Dan Gelber.. (10+ / 0-)

    ..former Florida state senator & former federal prosecutor @ MSNBC:

    The SYG law will still play an important role, because even if the state gets passed the SYG immunity hearing and continues to trial SYG will still be part of the jurys' instructions for consideration.

    'As long as the shooter was where he could be lawfully and feels that he was acting reasonably It's his word against the victim. He (Zimmerman) benefits from the SYG jury instruction . Whether the jury believes him or not is still a question' - paraphrased
    So getting past the SYG at the hearing doesn't mean the law can't still effect the outcome - is how I took it.

    The law needs serious work, or better - repeal imo

    •  It's an insane, nasty (13+ / 0-)

      law that is 'loaded' with license to shoot any one who you feels constitutes a threat. Makes me glad I don't live in Florida.

    •  SYG will be part big of jury instruction.. (3+ / 0-)
      Recommended by:
      Wee Mama, VClib, zesty grapher

      even if the state gets past the initial hearing
      Former federal Prosecutor Dan Gelber @ Ed Show video & transcript

      well, second-degree murder, it may be a little difficult, simply because it is a fairly precise intent. it's very likely, though, that there'll be a lesser included of manslaughter, which is a very serious felony in florida when it's with a weapon. and that's an easier standard. so you may see that the jury is trying to debate the different elements to determine whether or not mr. zimmerman committed the crime. now, remember something. the stand your ground law's ?tk a big part of going to this. because even if you get past -- even if the state gets past that initial judge hearing, which is what they'll have to do, that stand your ground law is still part of the jury instruction that's given to the jury. so they're going to be told as long as mr. zimmerman was where he could be lawfully, and he felt reasonable, and of course, the only other person who was right there is deceased, he's going to have the benefit of that stand your ground instruction. whether or not the jury buys it or not, at that point, is another question. _ Dan Gelber
      •  I'm going to assume that the part of the law (1+ / 0-)
        Recommended by:
        Eric Nelson

        that says "was where he could be lawfully" refers to being in someone else's house, or something like that. Couldn't it also refer to being up in someone's face, preventing that person from proceeding forward? Just curious.

        Your left is my right---Mort Sahl

        by HappyinNM on Thu Apr 12, 2012 at 07:37:23 PM PDT

        [ Parent ]

    •  Thanks Eric - a very interesting detail (1+ / 0-)
      Recommended by:
      Eric Nelson

      "let's talk about that"

      by VClib on Thu Apr 12, 2012 at 05:54:35 PM PDT

      [ Parent ]

Subscribe or Donate to support Daily Kos.

  • Recommended (127)
  • Community (60)
  • 2016 (47)
  • Elections (43)
  • Environment (37)
  • Climate Change (32)
  • Bernie Sanders (32)
  • Hillary Clinton (30)
  • Republicans (29)
  • Education (28)
  • Civil Rights (28)
  • Media (28)
  • Culture (27)
  • Law (25)
  • Science (25)
  • Congress (24)
  • Barack Obama (23)
  • Labor (20)
  • Economy (19)
  • Trans-Pacific Partnership (18)
  • Click here for the mobile view of the site