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View Diary: Fallen Nation: Trayvon Martin Case, Justice Denied (10 comments)

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  •  cosmic justice vs justice (0+ / 0-)

    Well stated.  Trial by jury is designed so that the peers of the accused consider only what is presented to them and against a specific charge, and not what society would like the charge to be.  The jury doesn't even get to see the news that most of us see to form our opinions during the trial.

    So the jury had a yes or no question to answer.  Did the prosecution prove beyond a reasonable doubt that the defendant did NOT act in self defense.

    •  Self Defense (0+ / 0-)

      I am not disagree with you on how the statute reads, but I think that the bigger issue is a presumption of "self defense" and the entire language embedded regarding Stand Your Ground embedded in Self Defense legislation.  

      I have a problem with self defense being the default.  In other words, if the prosecution cannot prove he DIDN'T act in self defines, even though the defendant can't prove he did, it is accepted.  The burden of disproving self defense then lies on the prosecutor.  While I certainly believe in the presumption of innocence, I believe self-defense is a separate matter.  This affords many a defendant the ability to claim self-defense and if the prosecution has nothing to disprove it, they walk.  Also what about Trayvon Martin's right to self defense?

      I think this is bad, dangerous legislation.  One of the co-author's of Stand Your Ground has stated that it was not designed for cases like the Zimmerman case.

      Canadian mother of four, works at Canadian University, blogs and co-host of Blog Talk Radio's "Lies My Country Told Me" with co-host and love of my life, Fred Lemon.

      by mmayer on Sun Jul 21, 2013 at 09:31:40 AM PDT

      [ Parent ]

      •  Stand your ground /Pinned to the ground. (0+ / 0-)

        Stand your ground did not apply to a great extent in this case.   In other words the case proceeded mostly as though the law did not exist, it was a question of self defense and not about fleeing as a self defense.

        The blast patterns in Martins shirt and clothing were consistent with a close range shot and with Martin being horizontal and on top of Zimmerman.  (A shirt will hang inches from ones chest by gravity if horizontal, and the blast pattern will be smaller on the clothing than on the chest.  Were he standing the blast patterns would be more the same.)  

        Mankind may never improve the standard of innocent until proven guilty even with self defense as the defense in court,  but I think we can agree there are two valuable things missing in self defense cases, 1 the other persons life, and 2 the other side of the story, regardless of the innocence or guilt of the defendant.

        Side note:  Minorities invoke SYG disproportionately more than do whites.  At its best it protects real self defenders from overzealous prosecution and second guessing by parties absent at the time. At worst it may be what you say it is, but I doubt it.

        What in particular did the Co-author of SYG have to say?  Did he change his mind or did he state that it wasn't a factor in the case.

        Thanks

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