I am shocked - Alan Dershowitz chimes in on the Zimmerman case

[DaveE 178]

http://realclearpolitics.com/video/2012/04/12/alan_dershowitz_zimmerman_arrest_affidavit_irresponsible_and_unethical.html

Can it be true?

[Usui Takumi 1,562]

http://realclearpolitics.com/video/2012/04/12/alan_dershowitz_zimmerman_arrest_affidavit_irresponsible_and_unethical.html

Can it be true?

From my experience this is our justice system. Prosecutors trump up charges to the point where whether you are guilty or not, you don't want to even take the chance of going to trial. I believe many innocent Americans accept plea bargins because they cave to the fear of greater charges. Its frankly disgusting! I really question the validity of our entire system.

[luckytxn 2,265]

From my experience this is our justice system. Prosecutors trump up charges to the point where whether you are guilty or not, you don't want to even take the chance of going to trial. I believe many innocent Americans accept plea bargins because they cave to the fear of greater charges. Its frankly disgusting! I really question the validity of our entire system.

I agree. This travesty of justice is only being done to cater to outside forces. The Prosecutor after this is done will be looking at fame and fortune. We will be seeing her on major media as a law expert for the next decade at least.

[Obama 2012 1,714]

I agree. This travesty of justice is only being done to cater to outside forces. The Prosecutor after this is done will be looking at fame and fortune. We will be seeing her on major media as a law expert for the next decade at least.

Yup. It's why she made sure that she said they weren't doing this under "Political or Public Pressure" she was lying her ####### off...

[X Factor 1,112]

http://realclearpolitics.com/video/2012/04/12/alan_dershowitz_zimmerman_arrest_affidavit_irresponsible_and_unethical.html

Can it be true?

Alan Dershowitz says in part

"Most affidavits of probable cause are very thin. This is so thin that it won't make it past a judge on a second degree murder charge." "There's simply nothing in there that would justify second degree murder."

Dershowitz said that the elements that would constitute that crime are non-existent in the affidavit. "It's not only thin, it's irresponsible," said Dershowitz.

Only time will tell.

[Gary and Alla 3,694]

I have supported having our system settle this from the beginning. Obviously political and social forces are affecting this and saying it is not is stupid.

I think she avoided the Grand Jury because the Grand Jury may well have "no billed" Zimmerman and politically that would NOT be OK. Even though it may have been correct, it would not have been acceptable.

This is the only way she can guarantee there WILL be a trial. I think what we have here is probable cause AND reasonable doubt. Probable cause is a pretty easy bar to reach, reasonable doubt is not. However if the trial results in an acquittal, which it probably will, the prosecutor can say "we did all we could" Seeking the BIGGEST penalty she could possiby apply is also predictable. The problem is it raises the bar for reasonable doubt. In most cases a prosecutor would not proceed with a case if there was a good chance they would lose. This is not "most cases". When she annnounced "no grand jury" I felt for sure it meant she was going to prosecute him, I did entertain the idea she may have been stalling, but really that was never reasonable. She was appointed to DO something and something WILL be done.

Involutary manslaughter or even negligent homicide could probably get a conviction. Either are basically "accidents" caused by the defendent's actions against the better judgement of a "reasonable person". Getting out of the car to confront him lays him open for either, but he is not charged with that.

bad news is that if she loses she cannot come back and charge him with something else for the same incident. She is swinging for the fences, but will probably strike out.

Edited April 13, 2012 by Gary and Alla

[Mr. Big Dog 10,747]

** Dershowitz. You gotta check out the Stewart clips on this. LOL

http://www.realclearpolitics.com/video/2012/04/13/jon_stewart_ridicules_media_reaction_to_zimmerman_arrest.html

[ready4ONE 5,400]

I actually agree with Gary! Holy snikey!

I would add though, to me the FL law in some sense contributed to wrongful death or negligent homicide charges. George may be able to plea his way down to those though, time will tell. Of course not having the specific facts I can't say I am certain the right charge isn't being filed.

[웃 910]

This isn't the Casey Anthony case. Zimmerman will be found guilty and sentenced to about 15 to 20 years.

He'll be out around 2030.

[Bad_Daddy 2,209]

This isn't the Casey Anthony case. Zimmerman will be found guilty and sentenced to about 15 to 20 years.

He'll be out around 2030.

What law did Zimmerman break?

This is borrowed from another poster on here and I don't see any laws Zimmerman broke. He was defending his life.

]Actually it will boil down to who threw the first punch, and if Martin was in fact on top of Zimmerman pummeling him. Following a person in Florida is not illegal, (following the same person multiple times is stalking). Asking a person what you are doing in the neighborhood is not a crime. Doesn't matter if Zimmerman was following Martin, or if he asked him what he was up to. If Martin attacked Zimmerman, and Zimmerman felt he was in danger of great bodily harm, he was justified in shooting Martin. Here is a link to a case where a person chased a suspected robber and stabbed him to death.The prosecutor charged him with 2nd degreee murder also,and the judge threw the case out based on the stand your ground law. http://www.miamihera...n-the-back.html

Under Florida law, “[a] person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.” § 776.013(3), Fla. Stat. (2007)[/size]

Edited April 13, 2012 by Why_Me

[웃 910]

What law did Zimmerman break?

This is borrowed from another poster on here and I don't see any laws Zimmerman broke. He was defending his life.

So you are seriously going to say that Zimmerman would have been dead if he did not kill the teenager?

Edited April 14, 2012 by ☠

[Bad_Daddy 2,209]

So you are seriously going to say that Zimmerman would have been dead if he did not kill the teenager?

Who knows? I know of a guy that's pretty much a vegetable from a beating he took outside a bar.

http://www.visajourney.com/forums/topic/362715-do-you-believe-its-ok-to-defend-your-life-if-physically-attacked/ <----- btw don't forget to vote

[Obama 2012 1,714]

So you are seriously going to say that Zimmerman would have been dead if he did not kill the teenager?

can you prove he wouldn't be?

[DaveE 178]

Zimmerman doesn't have to believe he would have been killed. He has only to convince a judge that he believed he was was in danger of great bodily harm, and he walks. If you even believe that Zimmerman chased the kid, he walks. Here is a link to a case in Florida last month where the person chases a suspected thief several blocks. When he caught him he thought he was pulling a knife so the defendant stabbed him to death; the judge threw the case out.

Garcia case 2012

[Gary and Alla 3,694]

I actually agree with Gary! Holy snikey!

I would add though, to me the FL law in some sense contributed to wrongful death or negligent homicide charges. George may be able to plea his way down to those though, time will tell. Of course not having the specific facts I can't say I am certain the right charge isn't being filed.

The more you agree with me, the more often you will be correct.

I am not certain that ANY charge should be filed. The one she chose is the one demanded by the populace and politics...the WORST possible. Win, lose or draw, they have to make it LOOK like they "did all they could"

Ultimately the judge has to give jury directions and given the laws of Florida the jury is going to have decide if deadly force was allowed or not and whether Zimmerman was in fear of death or severe bodily injury, unanimously, beyond reasonable doubt.