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blahblah
Gym climber
Boulder
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Jul 23, 2013 - 05:04pm PT
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If the jury felt Zimmerman initiated the physical confrontation, then they could say Z did something illegal and was not entitled to SYG.
You're retreating into nonsense again, just when I thought you were coming around. There was never any argument that Z did anything illegal other than pulling the trigger--how would the jury determine if Z was doing something illegal if the prosecution never contended that he was?
You can bet most if not all self-defense cases outside the home are going to get this instruction. I'd agree with that, it's generally a favorable instruction for the defense, why would it object? This is getting really pedantic and silly--every expert legal commentator agrees that SYG played no meaningful role in this case (although yes, for the umpteenth time, the instruction was there).
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monolith
climber
SF bay area
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Jul 23, 2013 - 05:05pm PT
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You forget the cell-phone conversation testimony.
"Get off, Get off"
If the jury believed Z jumped on TM right away, then SYG wouldn't apply for Zimmerman, now would it?
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blahblah
Gym climber
Boulder
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Jul 23, 2013 - 05:07pm PT
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The cell-phone conversation.
"Get off, Get off"
What was that--a battery of some sort I guess? Is that against the law? Are there are defenses that would make what would otherwise be a battery not against the law?
I don't know, because there is absolutely nothing in the jury instructions for me to conclude that Zimm was doing anything unlawful, other than killing TM.
If the jury believed Z jumped on TM right away, then SYG wouldn't apply for Zimmerman, now would it?
Only sort of. The jury would have to make an inference that Z's "jumping on TM right away" was unlawful, but the prosecution never argued that Z did anything unlawful other than the shooting and there were no jury instructions relating to Z doing anything unlawful.
Also, even if you were right, all it means is that the SYG portion of the jury instruction wouldn't apply--the rest of the self defense portion would apply.
And the defense never argued that the SYG portion applied!!
I hope you can understand now why every knowledgeable commentator agrees that SYG had not real significance to the case, notwithstanding its inclusion in the instuctions. If not, you'll have to take it up with someone else; I've explained it so that anyone who wants to understand, can.
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monolith
climber
SF bay area
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Jul 23, 2013 - 05:08pm PT
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Really, a battery initiating a fight would not be a factor?
Yer knott a much of a lawyer, blahblah, if you are even a lawyer.
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philo
Trad climber
Is that light the end of the tunnel or a train?
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Jul 23, 2013 - 05:09pm PT
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This is priceless and the timing is perfect.
National Review Tells Young Whites To Avoid Blacks, Again
By Zack Beauchamp on Jul 23, 2013 at 4:30 pm
A top conservative publication published a column on Wednesday advising young white children to stay away from black people, despite firing a columnist roughly a year ago for writing a very similar piece in a different publication.
Victor Davis Hanson, a scholar of military history and longtime National Review foreign affairs columnist, has a habit of dipping his toes into racially uncomfortable water. In a past column, for example, Hanson accused President Obama of attempting to victimize white people for political gain.
His column today, however, directly echoes the now-infamous piece by self-described “race-realist” John Derbyshire that National Review deemed a firing offense. Derbyshire’s TakiMag piece, the conceit of which was that the author was giving a white equivalent of “The Talk” that black parents give their children about racism, included gems like “avoid concentrations of blacks not all known to you personally,” “stay out of heavily black neighborhoods,” and “if accosted by a strange black in the street, smile and say something polite but keep moving.”
The thrust of Hanson’s argument — black men are criminals and you should stay away from them, my son — is largely indistinguishable from Derbyshire’s. “Be careful if a group of black youths approaches you,” Hanson quoted his father as saying before a move to San Francisco. “After some first-hand episodes with young African-American males,” he continued, “I offered a similar lecture to my own son.”
Hanson’s piece included some weak caveats seemingly aimed at distinguishing himself from Derbyshire. “Note what [my father] did not say to me. He did not employ language like ‘typical black person.’ He did not advise extra caution about black women, the elderly, or the very young…In other words, the advice was not about race per se, but instead about the tendency of males of one particular age and race to commit an inordinate amount of violent crime.”
This is bollocks. Hanson, like innumerates Richard Cohen and Kathleen Parker before him, is relying on a common mathematical fallacy, called the base rate error, to draw fictitious conclusions about the danger posed by black men. Even if black men are more likely to be violent, and that’s a big if, it still doesn’t follow that all others should avoid them: because the absolute rate of crime is extremely low, any individual black man is almost certainly not going to be a criminal. But, as Ta-Nehisi Coates puts it in a sterling critique of Hanson, “one of the effects of racism is its tendency to justify stupidity.”
The point, then, is that any supposed difference between Hanson and Derbyshire is a smokescreen. Both improperly manipulate crime statistics to make incorrect generalizations about the criminality of entire groups of people based largely on the color of their skin. The fact that Derbyshire is blunter about it makes no substantive difference.
When National Review editor Rich Lowry dismissed Derbyshire, he wrote that Derbyshire was advancing views with which “we’d never associate ourselves.” But Wednesday morning, they did just that.
http://thinkprogress.org/justice/2013/07/23/2343801/national-review-tells-young-whites-to-avoid-blacks-again/
“one of the effects of racism is its tendency to justify stupidity.”
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Snowmassguy
Trad climber
Calirado
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Jul 23, 2013 - 05:10pm PT
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Fact:
Black homicide defendants in Florida have had a higher success rate invoking Stand Your Ground than white ones have.
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blahblah
Gym climber
Boulder
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Jul 23, 2013 - 05:15pm PT
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Yer knott a much of a lawyer, if you are even a lawyer. Go back and read I wrote above, I'm done explaining this to you.
But I can't help myself:
If I'm not much of a lawyer (and I can assure you, for better or worse, I very much am a lawyer), what kind of lawyers were the prosecutors in your opinion, who never made any mention of TM committing a battery against Zimm before shooting him?
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dirtbag
climber
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Jul 23, 2013 - 05:16pm PT
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No wonder tgt loves Hanson.
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monolith
climber
SF bay area
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Jul 23, 2013 - 05:18pm PT
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What was that--a battery of some sort I guess? Is that against the law?
Of course a battery is against the law, blahblah.
Someone committing a battery on you in the dark, rainy night, would also cause one to be fearful of one's safety.
If you don't think the prosecution used the "get off, get off" statement, then they were clearly negligent.
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blahblah
Gym climber
Boulder
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Jul 23, 2013 - 05:21pm PT
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Of course a battery is against the law, blahblah.
Yes, yes it is! But why did the prosecution never make any mention whatsoever about this alleged battery? Why did the jury instructions make no mention of the alleged battery?
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Snowmassguy
Trad climber
Calirado
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Jul 23, 2013 - 05:22pm PT
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Many of you would have failed a college debate class.
EDIT Unless insults and personal attacks judged to be WINNING criteria
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monolith
climber
SF bay area
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Jul 23, 2013 - 05:24pm PT
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The jury instructions don't cover every piece of evidence, Blahblah.
The jurors get to consider the "get off, get off" statement right?
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philo
Trad climber
Is that light the end of the tunnel or a train?
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Jul 23, 2013 - 05:26pm PT
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OMG Ron said "poo poo".
For once his words and meaning match up.
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blahblah
Gym climber
Boulder
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Jul 23, 2013 - 05:30pm PT
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I'll have to hold off from further commentary until we get more insight as who's failing the debate class (but yes, I agree the "get off" evidence was definitely significant, just not for the reason that you seem to think it was).
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dirtbag
climber
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Jul 23, 2013 - 05:32pm PT
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Hi fatty!
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philo
Trad climber
Is that light the end of the tunnel or a train?
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Jul 23, 2013 - 05:33pm PT
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WEEEEZLEDIKK!!!!!!!!!!!! Tarftnuc. Gee isn't this fun in a juvenile delinquent way.
While those on the whitewing side were going deeper and deeper into the assassination of Trayvon Martin's character, Jennie was posting up actual evidence that cast serious doubts on Zimmerman's credibility and veracity. Her excellent posts raised serious questions that the whitewingers bulldozed over in their rush to justify their own hate.
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Snowmassguy
Trad climber
Calirado
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Jul 23, 2013 - 05:34pm PT
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Fatty Wins...this thread is over lol
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dirtbag
climber
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Jul 23, 2013 - 05:39pm PT
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Fatty you're still WRONG about everything.
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dirt claud
Social climber
san diego,ca
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Jul 23, 2013 - 05:55pm PT
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"Haaahahahaha, poor Fattard will never get over being kicked off the site by me"
Wow dude, you give yourself far too much credit. But I guess when ST is your life, that would make sense. I'm sure Fattrad is a total mess since he left here, lol
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dirt claud
Social climber
san diego,ca
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Jul 23, 2013 - 05:57pm PT
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Hey as#@&%e. My name is Claudio Ricardez and I have pictures posted. Look for me whenever you want. Love talking to people face to face who just talk sh#t.
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