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Downwind

Life & Events > The Zimmerman Verdict
 

The Zimmerman Verdict

I HEARD the prosecutor in the Zimmerman trial ask the jury to bring back a verdict that would "speak the truth."  But no one really wants or expects "the truth" in these trials.  One side seeks a conviction; the other an acquittal.  JUSTICE is how you want the case to come out.  The trial itself parades before a jury the remnants of a case left over from all the pre-trial maneuvering, the motions to suppress or limit the evidence, the delays during which witnesses disappear or lose their grip on what was a questionable memory of events at best.
Criminal events are quick and traumatic.  Potential witnesses see more or less of what may have occurred, then their life experiences, education, and mental facility have a significant impact upon what, months later, is trotted out by the questioning lawyers as the witnesses' "memory" of the episode.  There will always be contradictions; this is natural and inevitable.  Problems of this sort almost always work against the State, as they have the burden of proof.  It is a heavy burden:  beyond a reasonable doubt and to a moral certainty.
So the prosecutor in the Zimmerman case sought to characterize contradictions as "lies."  It didn't work.  Jury verdicts, whichever way they may go, never surprise me.  If these cases that end up going to trial weren't toss-ups to begin with, they would have been resolved with a plea bargain.
Zimmerman was acquitted because, ultimately, the prosecution could not show beyond a reasonable doubt that the Martin kid wasn't on top of Zimmerman giving him a licking when Zimmerman, out of desperation, pulled out his gun and shot him in self-defense.  That Zimmerman had the gun, that he may have profiled the kid, that he didn't comply with the instruction to remain in his car -- that was really not relevant.  The weight of the evidence showed that, at the moment when it mattered, Zimmerman legally defended himself.
To say this was a racially-tainted verdict is to ignore the evidence that was presented.  This was an attentive jury and they were not stupid.  You want to prevent things like this from happening in the future?  Add your voice to those fighting against the NRA.  Tell state legislators to stop creating laws that allow people to carry concealed firearms.  Zimmerman had one because he had a right to have one.  That right is a creature of the Second Amendment gone all to hell. 

posted on July 14, 2013 11:42 AM ()

Comments:

What is the definition of reasonable doubt? Does the judge tell the jury what that means before they begin deliberations? As a judge you see things in a legal way, right? As a spectator, Florida juries confound me - even Casey Anthony got off...
comment by catdancer on July 17, 2013 3:16 PM ()
Sorry, I didn't see your comment when you first made it. To answer your question, judges do instruct jurors on all the applicable laws, including the definition of reasonable doubt. For instance, in Utah, they are told that "proof beyond a reasonable doubt is proof that leaves you firmly convinced of the defendant's guilt. There are very few things in this world that we know with absolute certainty, and in criminal cases the law does not require proof that overcomes every possible doubt." Every state has its own, similar instructions. I would add that reasonable doubt is not a speculative, imaginary, or forced doubt, but one which is stable & unwavering, one to which you can assign a REASON. Jurors are also told that they must follow the laws that apply, laws with respect to considering the evidence and laws that define what is illegal behavior. Yet we remain at bottom a human system, and sometimes humans inject inexplicable considerations into their decision-making. My own view of the Casey Anthony acquittal is that the jurors were not capable of connecting a purely circumstantial case to the prospect of the death penalty, so they acquitted. I think had the State not sought death, they would have gained a conviction.
reply by steeve on July 24, 2013 11:49 AM ()
I sure don't know what happened between Zimmerman and Martin - but he did kill a person. He'll have to live with that on his conscience even though he was acquitted. Zimmerman is a young man too (only 29) - he's got a lot of years to think about his actions.
comment by catdancer on July 17, 2013 3:15 PM ()
I think you're right about this case... This case did not help justice or aim at justice in any way shape or form, because it couldn't.
The laws surrounding carrying "metal things of that sort" are so lacking that ordinary self-defense -- when other people are carrying -- is impossible. The boy Trayvon seems to have made a preemptive strike to protect himself and this was neither wise nor, apparently, legal.
comment by drmaus on July 15, 2013 10:45 AM ()
Only George W. Bush can initiate a preemptive strike with no personal consequences... other than that he will go down in history as a complete, incompetent moron.
reply by steeve on July 15, 2013 1:28 PM ()
If I sat on the high court my opinion about the meaning of the second amendment would be that everyone has the right to own a flintlock pistol or a muzzle-loading rifle.
comment by jondude on July 15, 2013 10:02 AM ()
I'll vote for that...
reply by steeve on July 15, 2013 1:28 PM ()
I wonder how the Founding Fathers would rewrite the second amendment if they could spend a few hours watching today's USA news.
comment by jondude on July 15, 2013 5:24 AM ()
Gee, too bad they didn't foresee assault weapons.
reply by steeve on July 15, 2013 7:29 AM ()
he was a gun totin accident waiting to happen , the jury decided and that's it unless there is an appeal , which doesn't seem likely
comment by kevinshere on July 15, 2013 3:02 AM ()
The State can't appeal. Maybe they can talk the Feds into proceeding against him for violating Martin's civil rights. On these facts, I doubt that they would succeed.
reply by steeve on July 15, 2013 7:29 AM ()
Yes, the "intelligent jury" followed the law. Know what? The law must change. It isn't doing the job. The facts are that no death would have occurred if Zimmerman wasn't out looking to harass someone, specifically a black someone. If that has no bearing on the verdict, that is a huge oversight in the way the law is applied. At the very least, he should have been guilty of criminally negligent homicide.
comment by tealstar on July 14, 2013 9:49 PM ()
Oklahoma has an open carry law. This is as stupid as it gets.
comment by elderjane on July 14, 2013 5:20 PM ()
You got that right!
reply by steeve on July 15, 2013 7:30 AM ()
Interesting take on the subject!
comment by jjoohhnn on July 14, 2013 3:28 PM ()
Complicated topic...
reply by steeve on July 15, 2013 7:30 AM ()

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