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Handgun Debate

  • bkmalik said...

    +a billion. Can't be emphasized enough.

    This is why Zimmerman was 100% wrong from the outset, regardless of whether Martin was some kid walking down the street or a master criminal staking out the neighborhood. He made the bad judgments, he refused to let the professionals do their job, and he refused to listen to or heed their instructions. And because of that stupidity, he killed an unarmed person that was no threat to him (until, at worst, Zimmerman made him a threat through his own overaggressive behavior).

    So going back to what I said, Zimmerman deserves whatever happens to him regardless of the "legality" of the situation.

    I find myself agreeing with you and Leafee here (and I often don't). So the legal standard should be: if you carry a handgun in public, you have a higher duty to avoid potentially escalating confrontations. This is to avoid "he said/dead can't say" situations like here where the use of the handgun has made proof of whether it was used lawfully impossible. And the punishment should be? Murder 2? Murder 3? Maybe a little less like some kind of felony endangerment?

    interpid

  • terps99 said...

    While I get your underlying point, it's important to recognize that a lot of this reasoning is based on a post-hoc analysis. We know now that Martin was an unarmed 16 year old who was carrying skittles and unlikely to be engaging in something devious. It is unlikely that Zimmerman knew that at the time this went down, and it's quite possible that Zimmerman would have acted differently had he known everything we know now.

    Put differently, a lot of the analysis people are engaging in is based on hindsight bias. Zimmerman could have engaged in the exact same decision-making process based on the exact same information, and if Martin was found with a gun in his waistband with a mask and plans to break into a house in his pocket, people would have had a far different reaction.

    It doesn't matter to me what Martin's intentions were, Zimmerman was never sworn in to protect and serve and had no basis for the type of conduct that instigated the confrontation. Zimmerman predetermined Martin's intent which was wrong but more importantly, he didn't have the authority to deal whatever the situation was in reality.

    Let's say Martin was armed and was burglarizing a house, i'm not sure if I want an armed watch captain creating a lethal confrontation either. He needed to call the police and let the professionals handle the situation. Do you think Martin would have fought the police in that situation if he saw a badge and uniforms?

    TerpPride

  • Baldwin said...

    The dispatcher asked where he was runninng and which way he was headed. That was when Zimmerman was following him. Later the dispatcher sys that they don't need him to follow after Martin and a few seconds later Zimmerman says that martin had run away. It's not like they said don't follow him and that's when the pursuit started, it was after the kid had already disappeared.

    I don't know if Neighorhood watch has rules when you are on patrol, but Zimmerman wasn't patrolling, he was going to the store when he saw a Black kid allegedly checking out houses.

    Get real. He saw a Black kid, which means Trayvon was up to no good and needed to be followed.

    Come on out and get your whoopin!

    CaliforniaTerp

  • CaliforniaTerp said...

    Get real. He saw a Black kid, which means Trayvon was up to no good and needed to be followed.

    i love the "allegedly checking out houses" claim. where was that in the transcript of the 911 call? And checking out houses is not illegal. When I walk through my hood, I check out houses. WTH does this mean? Walking in the rain a 7pm is not illegal nor should it be suspicious for a teenager who likely doesn't have a car. this is zimmerman following his pattern of being mall cop period. He has demonstrated a pattern of prejudging and being overzealous with past non-emergency calls, and this time he did it again except he took it further and PUT himself into position to kill someone.

    TerpPride

  • TerpPride said...

    And checking out houses is not illegal. Walking in the rain a 7pm is not illegal nor should it be suspicious for a teenager who likely doesn't have a car.

    uh, I know it may be stupid, wrong and dumb but none of these things are illegal either....

    watching someone from your car
    carrying a gun you have a permit for
    getting out of your car and following someone b/c they turned the corner out of sight
    calling 911 on who you think is a suspicious person

    Not trying to defend for a particular reason. Just pointing out facts.

    naegeleterp

  • naegeleterp said...

    uh, I know it may be stupid, wrong and dumb but none of these things are illegal either....

    watching someone from your car carrying a gun you have a permit for getting out of your car and following someone b/c they turned the corner out of sight calling 911 on who you think is a suspicious person

    Not trying to defend for a particular reason. Just pointing out facts.

    Apparently shooting the person you followed isn't either.

    Does not mean it shouldn't be.

    LeafeeWolf

  • naegeleterp said...

    uh, I know it may be stupid, wrong and dumb but none of these things are illegal either....

    watching someone from your car carrying a gun you have a permit for getting out of your car and following someone b/c they turned the corner out of sight calling 911 on who you think is a suspicious person

    Not trying to defend for a particular reason. Just pointing out facts.

    Certainly, but we're only discussing how GZ may have acted irresponsibly, not whether he acted illegal. Putting legality aside, I think that it's not a reach to argue that GZ's actions that night were responsible for the unfortunate turn of events to occur.

    TerpPride

  • naegeleterp said...

    uh, I know it may be stupid, wrong and dumb but none of these things are illegal either....

    watching someone from your car carrying a gun you have a permit for getting out of your car and following someone b/c they turned the corner out of sight calling 911 on who you think is a suspicious person

    Not trying to defend for a particular reason. Just pointing out facts.

    Shooting people isn't illegal either, apparently.

    And Leafee beat me to it...

    This post was edited by bkmalik on 4/5/2012 at 11:44 AM

    bkmalik

  • naegeleterp said...

    uh, I know it may be stupid, wrong and dumb but none of these things are illegal either....

    watching someone from your car carrying a gun you have a permit for getting out of your car and following someone b/c they turned the corner out of sight calling 911 on who you think is a suspicious person

    Not trying to defend for a particular reason. Just pointing out facts.

    Murder is illegal. There was more than enough PC to effect an arrest the night of the shooting. All this speculation and supposition being done by the public should be before a judge and jury. NOW!

    Come on out and get your whoopin!

    CaliforniaTerp

  • CaliforniaTerp said...

    Murder is illegal.

    And self-defense in not. If you assume that person committed murder, then yes, everyone agrees that the murderer should be charged.

    terps99

  • bkmalik said...

    Shooting people isn't illegal either, apparently.

    Yeah, it often isn't.

    terps99

  • Should I have amended to say "shooting unarmed 16 year olds wearing hoodies walking through your neighborhood because you don't like the look of them because you think you are the neighborhood Dirty Harry isn't illegal either apparently"?

    Just curious.

    bkmalik

  • terps99 said...

    And self-defense in not. If you assume that person committed murder, then yes, everyone agrees that the murderer should be charged.

    This is about the failure to arrest GZ and him proving to a judge/jury that it was self defense. Seems as though the only people that are allowed to shoot and kill other people because they "feared for their lives" are cops and GZ.

    This post has been edited 2 times, most recently by CaliforniaTerp on 4/5/2012 at 12:42 PM

    Come on out and get your whoopin!

    CaliforniaTerp

  • CaliforniaTerp said...

    This is about the failure to arrest GZ and him proving to a judg/jury that it was self defense.

    Perhaps. But when you start putting prosecutors in a position where their reflexive reaction is to just start charging people with serious crimes and letting the jury figure it out because otherwise society will get really pissed, that often leads to really crappy results.

    Based on the public outrage, do you also believe it was entirely correct for the prosecutor in the Duke lacrosse case to charge all those people with rape and pursue that prosecution?

    terps99

  • CaliforniaTerp said...

    This is about the failure to arrest GZ and him proving to a judg/jury that it was self defense. Seems as though the only people that are allowed to shoot and kill other people becasue the "feared for their lives" are cops and GZ.

    scary part of the Florida law says if you are acquitted based on this stand your ground law, the agency that arrested you is civilly liable. normally, the burden to prove the police are civilly liable is very high...but the lawmakers took care of that.

    ColbertRepor

  • bkmalik said...

    Should I have amended to say "shooting unarmed 16 year olds wearing hoodies walking through your neighborhood because you don't like the look of them because you think you are the neighborhood Dirty Harry isn't illegal either apparently"?

    Just curious.

    Once again, if you just assume the part you're trying to prove and state it as an assertion, then there's little to discuss.

    Should the Duke lacrosse case have been pursued in the manner in which it was? Just curious.

    What if I use the same rhetoric and say stuff like "apparently a bunch of white guys raping a black girl isn't illegal either!" Yes, if you just assume the guys raped her, then they probably should have been prosecuted.

    terps99

  • you know what blows me away, there was a thread with a clip of how some random dude attacked the baltimore officers making an arrest in the street, and not once did those cops, who could have been in grave danger, come close to "unholstering" their service weapons. I fear this guy was building himself up to be dirty harry long before he spotted Martin.

    TerpPride

  • I was just being a smartass.

    bkmalik

  • ColbertRepor said...

    scary part of the Florida law says if you are acquitted based on this stand your ground law, the agency that arrested you is civilly liable. normally, the burden to prove the police are civilly liable is very high...but the lawmakers took care of that.

    yeah, this needs to change.

    TerpPride

  • terps99 said...

    Perhaps. But when you start putting prosecutors in a position where their reflexive reaction is to just start charging people with serious crimes and letting the jury figure it out because otherwise society will get really pissed, that often leads to really crappy results.

    Based on the public outrage, do you also believe it was entirely correct for the prosecutor in the Duke lacrosse case to charge all those people with rape and pursue that prosecution?

    If Trayvon Martin was commiting a crime or had a 9mm on him I'd agree. But that clearly wasn't the case here.

    Come on out and get your whoopin!

    CaliforniaTerp

  • terps99 said...

    Perhaps. But when you start putting prosecutors in a position where their reflexive reaction is to just start charging people with serious crimes and letting the jury figure it out because otherwise society will get really pissed, that often leads to really crappy results.

    Based on the public outrage, do you also believe it was entirely correct for the prosecutor in the Duke lacrosse case to charge all those people with rape and pursue that prosecution?

    I'm not advocating an arrest in every shooting, but to me, if you shoot someone, and you don't have a clear defense, you should be at a minimum under a full and thorough investigation if not arrested. there were some public statements by Lee and the Sanford PD that suggested Zimmerman had been cleared of any wrongdoing. Allegedly telling Martin's parents GZ was "squeaky clean."

    TerpPride

  • Here's where I'm at with this.

    What is needed in order to prove Zimmerman committed murder and that he did not act in self defense? He has a permit for the concealed weapon. No matter how bogus Florida's laws are, they are still there. There is one eye witness that says he saw Martin on top of Zimmerman. There may or may not be physical evidence to show Zimmerman received a broken nose and had lacerations on the back of his head.

    No matter how stupid he was to follow Martin, there is no way that justifies that he was on a mission to murder him or even on a mission to confront him. It's very possible Zimmerman turned that corner expecting Martin to still be walking towards that back entrance and not hiding on a patio possibly waiting to confront Zimmerman. The 911 tapes do not prove Zimmerman called 911 for the sole reason that Martin was black. It wasn't until the operator asked what color he was when he told them I think black. I've heard that Zimmerman tutored young black kids. The fact that he may have called Martin "a coon" does not mean he was on a racist mission either. You and I could be with our friends in our own houses making jokes and that word along with the n word could be used....it doesn't automatically equate we are racist.

    My view is this...no matter how stupid or dumb or irresponsible you think Zimmerman was in his actions or decisions leading up to the confrontation it's not enough to prove he was on a mission to murder or murder based on race.

    Now the question for self defense comes into play. After all the facts are presented and law enforcement makes a decision then we'll see. If they conclude there isn't enough evidence to support self defense then so be it, send Zimmerman to jail.

    naegeleterp

  • Self-defense is generally an affirmative defense, meaning that if Zimmerman is charged with killing Martin then he will have to prove that he acted in self defense.

    neal990

  • neal990 said...

    Self-defense is generally an affirmative defense, meaning that if Zimmerman is charged with killing Martin then he will have to prove that he acted in self defense.

    Correct. at a min the state has GZ dead to rights for assault with a deadly weapon. The burden is on GZ to prove a defense to a jury. it isnt the state's burden to show anything beyond a dead body, GZ's gun, and some ballistics showing GZ killed him.

    If the state went for murder, it would have the burden of proving additional factors, like state of mind. But right now it has an open and shut felony case, and the burden would be on GZ to prove a defense. He could take the stand and claim he acted in self-defense. Just like the new orleans cops did. doesnt mean the jury will buy it.

    This post was edited by Nolaeer on 4/5/2012 at 1:32 PM

    Many of Pitt's 58 "rushing attempts" were the result qb Tino Sunseri fleeing the pocket like a man whose clothes were on fire.

    Nolaeer

  • Nolaeer said...

    Correct. at a min the state has GZ dead to rights for assault with a deadly weapon.

    Is that really true though?

    terps99