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  • Pben-uncensored said...

    So if I am reading that right, if he is charged the prosecution would likely go with "He provoked" Martin?

    Am i even close?

    There are several things that the State could claim. Provocation wouldn't be high on the list most likely. Instead, they'd probably argue that Zimmerman was the aggressor and had no legal basis to "stand his ground" against Martin. That's just one of many theories that they could use. Read the jury instruction I provided as it might help some more (unless you've already read it). Also, keep in mind that I don't know most of the facts in this case as I've purposely tuned them out so the theories would change based on whatever evidence that they would have if they decided to charge him.

    This post was edited by equanole on 3/27/2012 at 2:53 PM

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    equanole

  • I did read it, I am not sure I quite understand the difference between "Standing your ground" and "Provocation" then.

    The facts in thsi case change daily, and whomever was critical of the mother, keep in mind anyone's mother will react like that, the father is being rational, the mother is being protective and is very upset her son is dead, which is boviously understandable.

    Pbenuncensored26482

  • JeffSpicNolie said...

    Hispanic is not a race, at least as defined by the US Government. Its a cultural ethnicity. You can be white Hispanic, you can be black Hispanic, you can be mixed (mestizo). David Ortiz is black Hispanic, Manny Ramirez is a mixed Hispanic, Tony Romo is a mixed Anglo/Hispanic, James Coley is a white Hispanic. And so on...

    Many "Hispanics" are as European as can be. Heck there are almost as many Italians in South America than in Italy. There are tons of Germans in Brazil and other parts of South America. People from Spain are as "white" as French, Italians, Greeks, etc.

    Just wanted to put that in context.

    Yes, you are absolutely correct. I will note however that the response to race from various news groups, most notably CNN lacks consistency. When issues of discrimination towards Hispanics are addressed, the differentiation is not addressed. This is actually the first time I have heard the term white Hispanic at any point other than the recent change in our census race classifications. Furthermore our president (not criticizing him) will often refer to the discrimination and hardships that black and Latino Americans face. Again, no mention of white Hispanics. I mentioned he was Hispanic and posted pictures because most would, by looking at him consider him as such. His race has no bearing on his guilt or innocence however it is impossible to ignore the racial undertones the are present in any and all coverage of this case.

    cembros

  • Speaking to my previous point I keep thinking back to the backlash over laws passed in AZ allowing police officers to check the immigration status of anyone stopped for a crime. Jorge Ramos of Univision argued with Bill O’Reilly that he feared he would be targeted and discriminated against because of the color of his skin. As you can see in the picture below he looks white (much more so than Zimmerman), this frustrated me at the time. I’m sorry to go on a tangent, but the selective use of racial identifications in the media (I can’t believe I referred to the media, so cliché) has become tiring and do nothing but distract from real issues.

    This post was edited by cembros on 3/27/2012 at 4:05 PM

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    cembros

  • so, equa, when SYG is raised, what is required for probable cause to arrest in spite of the defense?

    FSULaura

  • FSULaura said...

    so, equa, when SYG is raised, what is required for probable cause to arrest in spite of the defense?

    Well, that's the thing. Stand Your Ground usually isn't raised until after arrest in just about every case I've dealt with. However, the police must have felt that there was enough self-defense (SYG) evidence in this case to never even make the arrest. The probable cause is still the same irregardless of the defense being raised, i.e., the elements of murder must be present to arrest the Defendant, and so on and so forth.

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    equanole

  • Pben-uncensored said...

    I did read it, I am not sure I quite understand the difference between "Standing your ground" and "Provocation" then.

    The facts in thsi case change daily, and whomever was critical of the mother, keep in mind anyone's mother will react like that, the father is being rational, the mother is being protective and is very upset her son is dead, which is boviously understandable.

    The difference is that the events are separate things. Stand your ground is done by the person-often the Defendant-accused of the "crime." The provocation is done by the victim more times than not. It's really a state of mind issue because the judge and/or jury is asked to place themselves in the shoes of the accused (person claiming stand your ground as a defense) and decide if the person had a justifiable reason to commit the murder, battery, etc., upon the other person.

    So, in shorter terms, one is done by one person and one is done by the other. They are two separate acts.

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    equanole

  • JeffSpicNolie said...

    Hispanic is not a race, at least as defined by the US Government. Its a cultural ethnicity. You can be white Hispanic, you can be black Hispanic, you can be mixed (mestizo). David Ortiz is black Hispanic, Manny Ramirez is a mixed Hispanic, Tony Romo is a mixed Anglo/Hispanic, James Coley is a white Hispanic. And so on...

    Many "Hispanics" are as European as can be. Heck there are almost as many Italians in South America than in Italy. There are tons of Germans in Brazil and other parts of South America. People from Spain are as "white" as French, Italians, Greeks, etc.

    Just wanted to put that in context.

    I dare anyone to go to Spain and start calling them "Hispanics". You'll be safer running with the bulls.

    RaidingNole

  • equanole said...

    The provocation is done by the victim more times than not. It's really a state of mind issue because the judge and/or jury is asked to place themselves in the shoes of the accused (person claiming stand your ground as a defense) and decide if the person had a justifiable reason to commit the murder, battery, etc., upon the other person.

    source of information for jurors I found that is an easy to read format.

    Read in all cases.
    In deciding whether defendant was justified in the use of deadly force, you must judge [him] [her] by the circumstances by which [he] [she] was surrounded at the time the force was used. The danger facing the defendant need not have been actual; however, to justify the use of deadly force, the appearance of danger must have been so real that a reasonably cautious and prudent person under the same circumstances would have believed that the danger could be avoided only through the use of that force. Based upon appearances, the defendant must have actually believed that the danger was real.

    No duty to retreat. § 776.013(3), Fla. Stat. See Novak v. State 974 So. 2d 520 (Fla. 4th DCA 2008) regarding unlawful activity. There is no duty to retreat where the defendant was not engaged in any unlawful activity other than the crime(s) for which the defendant asserts the justification.
    If the defendant [was not engaged in an unlawful activity and] was attacked in any place where [he] [she] had a right to be, [he] [she] had no duty to retreat and had the right to stand [his] [her] ground and meet force with force, including deadly force, if [he] [she] reasonably believed that it was necessary to do so to prevent death or great bodily harm to [himself] [herself] [another] or to prevent the commission of a forcible felony.

    ^^Zimmerman disobeyed the 911 operator but did not break any Florida State Statute by following the "suspicious person".

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    Florida State University c/o 2010

    NoleVerine

  • Thanks, equa.

    FSULaura

  • Points:
    This was a dead case until the parents went to the media. I would have done the same thing.
    SYG law is a terribly written law that needs to be scrapped and re-worked
    The victim has as good a case for SYG as the killer.
    Several in here have used language that most people would consider "race-baiting" at the very least.
    I am white and am outraged at the lack of an arrest and full investigation
    There is a debate about who cried out for help. Voice recognition experts will help shed light on this issue.
    Eye-witness accounts are notoriously wrong, so other evidence can and has been used to nullify eye-witness accounts.
    There are conflicting eye-witness accounts.
    Race will have a huge effect on this case including how people perceive it. [As we see here]
    The killer will never be the same and I suspect, even if exonerated, will need years of psychological counseling to deal with his deed.
    Guns in the hands of untrained individuals [and I am not just talking about going to the range and practicing] is a huge issue. Even well trained soldiers and police officers have issues with the use of deadly force. Many folks think it is simply pulling the trigger and going on with your life. It isn't.

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    fsufool

  • NoleVerine said...

    source of information for jurors I found that is an easy to read format.

    Read in all cases. In deciding whether defendant was justified in the use of deadly force, you must judge [him] [her] by the circumstances by which [he] [she] was surrounded at the time the force was used. The danger facing the defendant need not have been actual; however, to justify the use of deadly force, the appearance of danger must have been so real that a reasonably cautious and prudent person under the same circumstances would have believed that the danger could be avoided only through the use of that force. Based upon appearances, the defendant must have actually believed that the danger was real.

    No duty to retreat. § 776.013(3), Fla. Stat. See Novak v. State 974 So. 2d 520 (Fla. 4th DCA 2008) regarding unlawful activity. There is no duty to retreat where the defendant was not engaged in any unlawful activity other than the crime(s) for which the defendant asserts the justification. If the defendant [was not engaged in an unlawful activity and] was attacked in any place where [he] [she] had a right to be, [he] [she] had no duty to retreat and had the right to stand [his] [her] ground and meet force with force, including deadly force, if [he] [she] reasonably believed that it was necessary to do so to prevent death or great bodily harm to [himself] [herself] [another] or to prevent the commission of a forcible felony.

    ^^Zimmerman disobeyed the 911 operator but did not break any Florida State Statute by following the "suspicious person".

    According to this if Zimmerman was engaged in assault [and it seems likely if he chased down and came close enough to the victim to be engaged in a wrestling match] then he can not claim SYG. His "state of mind" at the time could be evidence of this. With that in mind his comments to the dispatcher become key evidence into his state of mind. They also become evidence of a "hate crime."

    This is going to go on for a while.

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    fsufool

  • fsufool said...

    According to this if Zimmerman was engaged in assault [and it seems likely if he chased down and came close enough to the victim to be engaged in a wrestling match] then he can not claim SYG. His "state of mind" at the time could be evidence of this. With that in mind his comments to the dispatcher become key evidence into his state of mind. They also become evidence of a "hate crime."

    This is going to go on for a while.

    Well one account is that Trayvon struck Zimmerman first and I think it even states he did so while Zimmerman was going back to his suv...the witness seems to cooberate this with his account, at least cooberates that Zimmerman was getting his ass kicked

    http://www.wnd.com/2012/03/witness-trayvon-martin-attacked-zimmerman/

    This post has been edited 2 times, most recently by 734Nole on 3/28/2012 at 12:41 PM

    734Nole

  • Still not seeing where race is the issue...I wear hoodies, I can look scary...not getting that part of it at all. Plus the guy is "white" Hispanic.

    This is another media driven event at the expense of what amounts to 2 victims and their families, and we are all pawns...enjoy!

    Ironically no matter the outcome, 50% will be PO.

    Pbenuncensored26482

  • Pben-uncensored said...

    Still not seeing where race is the issue...I wear hoodies, I can look scary...not getting that part of it at all. Plus the guy is "white" Hispanic.

    Ironically no matter the outcome, 50% will be PO.

    We perceive situations differently based on experience. Race has a lot to do with our experience therefore how we perceive situations. That goes for everyone involved from the investigators, DA, potential jury pool, media, and us.

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    fsufool

  • fsufool said...

    We perceive situations differently based on experience. Race has a lot to do with our experience therefore how we perceive situations. That goes for everyone involved from the investigators, DA, potential jury pool, media, and us.

    Well its time to change that, because this thing while tragic, has been overblown from the race standpoint, to the point where people are going to go nuts about it, and it is all fueled by the media.

    Someone posted the other day, 92% of all whites murdered, are murdered by other whites, and 94% of all blacks murdered, are murdered by other blacks.

    It doesn't even occur to me when i see inter-racial couples that they are inter-racial anymore.

    Not to mention we currently have a black President who I am quite sure had a ton of white people voting for him, so where exactly is all this racism coming from? A "white" Hispanic dude in central Florida?

    I am simply saying, probably 90-95% of the perceived racism in thsi country is more media sensationalism than anything else, now 15-20 yrs ago, yes it was different, but times change.

    Pbenuncensored26482

  • I've never heard the term "white hispanic" before. The blatant sensationalizing is just so damn obvious. From the photos of the 11 year old TM, to the leaving out one side of the story, to the portrayal of Zimmerman as a wanna be....I feel manipulated. Well, not anymore.

    News doesn't sell anymore. Newspapers are in the dumper. The new wave is to create emotional responses. Racism is a top seller...regardless of facts.

    This racism this is getting real old. Al Sharpton is a huge racist but he gets a free pass for some reason.

    Jadaway

  • Of course many of you will hate this because it comes from a conservative website but it is about as thorough and detailed analysis as I've seen. It's backed up by links and actual transcripts with analysis of the context of those transcripts.

    BTW, before anyone thinks this is just protecting their own. George Zimmerman is actually reportedly a democrat...although he has gone into hiding from the public (but not the police) so its tough to hear from him currently.

    There are some off the wall remarks from commenters but if you stick with the OP she has alot of good links.

    Trayvon Martin: Debunking thread

    In the midst of the current firestorm about Trayvon Martin, it is easily to lose sight of what is fact and what is not. This thread is dedicated to debunking the impressions, half-truths and all out lies being perpetrated by the political left about the Martin case. For those who don't know (or who are living under a rock): Trayvon Martin is a 17-year old African American male who was shot dead by a neighborhood watch commander, George Zimmerman, 28 in Sanford, Florida, February 26,

    www.conservativeunderground.com
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    WARNING: Text above may cause dizziness, nausea, cognitive decline, and/or a burning sensation. Read at your own risk.

    healthguyfsu

  • Jadaway said...

    I've never heard the term "white hispanic" before. The blatant sensationalizing is just so damn obvious. From the photos of the 11 year old TM, to the leaving out one side of the story, to the portrayal of Zimmerman as a wanna be....I feel manipulated. Well, not anymore.

    News doesn't sell anymore. Newspapers are in the dumper. The new wave is to create emotional responses. Racism is a top seller...regardless of facts.

    This racism this is getting real old. Al Sharpton is a huge racist but he gets a free pass for some reason.

    I've also never heard of "white hispanic" and I think that guy just made it up. Also, George Zimmerman's hispanic ethnicity is of Peruvian origin not Cuban (Coley was the comparative example given who is Cuban and in his mind "white hispanic").

    This post was edited by healthguyfsu on 3/28/2012 at 7:54 PM

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    WARNING: Text above may cause dizziness, nausea, cognitive decline, and/or a burning sensation. Read at your own risk.

    healthguyfsu

  • metro5208 said...

    First of all I never post. I felt compelled after reading some of your comments. Full disclosure I'm a 41 year old black man who has lived through his share of profiling and discrimination. That said what most civilized people want to come of this situation is simple justice. If Zimmerman is guilty let him be prosecuted if not let him go on with his life. The kids family thought there was something suspicious about there son's death and sought media attention. Some of you profess to having young kids of your own. Would you not do the same? About those hate crimes that were referenced, that were committed by "blacks". Were the offenders prosecuted ? If so then justice was served. The bottom line is they're are racial bigots and idiots in every race. Some of us would be wise to read what we've written before we post. You might come off sounding like one of these idiots.

    Pardon me sir but how can you make any kind of point when you admittedly haven't even read the details.

    Actually, the police in KS decided not to treat it as a hate crime despite witness reports of the racial charge to the crime and the mother's complaints about his school and teachers who have also been racist and race-baiting towards the kid. But there is no media firestorm or protests and marches of outrage in his case.

    I certainly don't lump all black people into this category of racist scum but you can't simply turn a blind eye just because you don't want to read something or acknowledge that perhaps racial injustices for whites exist too.

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    WARNING: Text above may cause dizziness, nausea, cognitive decline, and/or a burning sensation. Read at your own risk.

    healthguyfsu

  • Pben-uncensored said...

    Well its time to change that, because this thing while tragic, has been overblown from the race standpoint, to the point where people are going to go nuts about it, and it is all fueled by the media.

    You don't quite get it. There is nothing to change. It is the way the brain works. This is not the forum for the total explanation, but we have come a long way in understanding how the brain works over the last decade. The brain doesn't record images like a camera nor does it "think" rationally. Everything goes through different parts of the brain. And the general, the part of the brain in charge? It is the part of the brain that houses our emotions. That is why people can swear and really believe their account of what happened, but be totally off from the actual action they are describing. This is why two people can see the same event or read the same article and come up with totally opposing thoughts on it.

    As to your thing about the media. Yes, the media tries to get eyeballs to it so it can make a profit. All you have to do is put your channel to Fox or pick up the Washington Post, Tampa Tribune, etc. which are conservative leaning outlets to see it work the other direction. FOX has cultivated its audience well and knows what it wants to see and gives it to them. They make a huge profit because of it.

    Racism is in the mind, just as everything else is. You denying it exists doesn't change how other people [ie black people] understand it.

    This post has been edited 2 times, most recently by fsufool on 3/28/2012 at 8:10 PM

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    fsufool

  • Check out the video of his arrest. Doesn't look like he was beaten in that video.

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    fsufool

  • fsufool said...

    You don't quite get it. There is nothing to change. It is the way the brain works. This is not the forum for the total explanation, but we have come a long way in understanding how the brain works over the last decade. The brain doesn't record images like a camera nor does it "think" rationally. Everything goes through different parts of the brain. And the general, the part of the brain in charge? It is the part of the brain that houses our emotions. That is why people can swear and really believe their account of what happened, but be totally off from the actual action they are describing. This is why two people can see the same event or read the same article and come up with totally opposing thoughts on it.

    As to your thing about the media. Yes, the media tries to get eyeballs to it so it can make a profit. All you have to do is put your channel to Fox or pick up the Washington Post, Tampa Tribune, etc. which are conservative leaning outlets to see it work the other direction. FOX has cultivated its audience well and know what it wants to see and gives it to them. They make a huge profit because of it.

    Racism is in the mind, just as everything else is. You denying it exists doesn't change how other people [ie black people] understand it.

    That is untrue. As a neuroscientist, I can tell you that your "explanation" seeks to release any personal responsibility from the perspective of the beholder...and that this release is unjustifiable and you are misinterpreting scientific evidence by suggesting that as such. Rational thought, morals, and perceptions, while influenced by previous experience, are still primarily influenced by current choice with only modulations rather than commands from the limbic system.

    signature image

    WARNING: Text above may cause dizziness, nausea, cognitive decline, and/or a burning sensation. Read at your own risk.

    healthguyfsu

  • fsufool said...

    Check out the video of his arrest. Doesn't look like he was beaten in that video.

    Can't really see anything its very fuzzy and poor quality. I'll take the reports from the paramedics on the scene over that "evidence" who initially described his wounds. Or are they in on it too?

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    WARNING: Text above may cause dizziness, nausea, cognitive decline, and/or a burning sensation. Read at your own risk.

    healthguyfsu

  • healthguyfsu said...

    That is untrue. As a neuroscientist, I can tell you that your "explanation" seeks to release any personal responsibility from the perspective of the beholder...and that this release is unjustifiable and you are misinterpreting scientific evidence by suggesting that as such. Rational thought, morals, and perceptions, while influenced by previous experience, are still primarily influenced by current choice with only modulations rather than commands from the limbic system.

    No, my explanation does not seek to "release any personal responsibility from the perspective of the beholder."
    Quite the opposite. It places responsibility squarely onto the observer. It only attempts to explain why eye witness and other accounts can vary so much based on the observers personal experiential bias. As to the rest of your statement, explain to me how "current choice" is not influenced by cultural and personal experience???? Explain to me how white and black people understand and see the same behavior in such different perspectives? That's some "modulation?" In fact if I am not mistaken, cross-racial identification is much lower than than any other identification. That seems to be something hard-wired into the brain, but that would be your area of expertise, so maybe you could explain it? And for you keeping score, neuroscientist and psychologist still disagree about much and it is centered on the effect of culture. But I defer to you on how the brain works and if I have misinterpreted the actual technical details I am sorry. All I know is that we now know our emotions have a much larger degree of influence than we ever believed before. In the applied setting for which I worked for over a decade, we see that play out every day. We even see it played out here in these posts and in your specific posts!

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    fsufool