@FengShuiGod said:
@NoelVeiga said:
@FengShuiGod said:
@NoelVeiga said:
@FengShuiGod said:
@NoelVeiga said:
@FengShuiGod said:
@CL60 said:
All of this is irrelevant. All that matters is what happened in the seconds before the shooting, which only two people saw, one of whom is now dead. The shooter can claim the kid threatened him and approached him in a way that justified his use of deadly force, which he has.
But wait, what justifies the use of deadly force?
If they guy had no weapon on him is shooting him EVER not at least manslaughter? Where I am self defence is judged as "proportionate response". Means if a guy comes at you with a stick and you blow his face off you still get charged. Just walking towards a guy menacingly certainly can't be classified as self defence when the other guy shoots you dead, can it? I mean, in a place where sanity, let alone the rule of law, is still vaguely in place.
Genuine question, by the way. I'm less outraged than baffled by all of this.
It depends what Zimmermans claims are. If what you thought was true, incidents of cops shooting people who point cellphones at them as if it were a pistol would be manslaughter, but they aren't (in general, this all depends on specifics of course). Zimmerman could claim all kinds of weird shit, like that the kid said he was pointing a pistol at Zimmerman underneath his hoodie and acted threateningly towards him, or something else just as ludicrous.
But that's a case of error in facts. Again, based on my local legislation, that's very common. You thought he had a gun, you've argued convincingly that you genuinely thought he had a gun, so now the question is "would it be reasonably expected for you to double check if he had a gun?". If you were (like, you were a cop, the "gun" wasn't aimed at you, you failed to give fair warning) you may get charged with reckless or negligent manslaughter. Otherwise, you may be cleared.
But if he had no gun. If it was obvious that he was unarmed and you were. Does really the same principle apply? Is really self defence only predicated on whether you subjectively felt threatened? That's really all it takes? Hell, forget the hoodie. If that's true this guy could just argue that he's a racist and feels threatened by all black people, so he shot him because he thought he was in danger.
Again, I find that baffling. There must be more to it.
Zimmerman can claim it may not have been obvious that Trayvon wasn't armed. Self defense isn't based on whether or not you felt subjectively threatened. It is based on whether you are "assaulted", as determined by a third party. "Assaulted" changes from place to place, but it probably means, a threat of bodily harm coupled with an apparent, present ability to cause the harm. Merely feeling threatened because someone is black is not enough to justify self defense.
Exactly. That's my point. If you saw no weapon and there is no weapon and there are no injuries in your body then how can anybody possibly under any circumstances claim self defence? It'd be outright impossible here, I'm just trying to wrap my head around what kind of legal justification may be used in this case to take it that way.
Once again, Zimmerman can claim it was reasonable to think there was a weapon. Seeing no weapon =/= there is no weapon. There needn't be bodily injury either, only the threat of body harm coupled with ability to cause harm. Their are claims that can be made. Zimmerman can say Trayvon threatened to kill him and reached for what he though was a gun/knife. He can say Trayvon had what appeared to be a gun pointed at him underneath his hoodie. He can say all kinds of nonsense. That is how he can claim self defense, whether legally justifiable or morally correct there are ways he can do it.
Edit: From AP "The shooter, George Zimmerman, told police he acted in self-defense after Martin pursued and attacked him." There you go.
Yeah, ok, I see I'm asking the wrong question here.
He can claim self defence for any crazy reason and say a bunch of crazy stuff. The right question is: does it have even the slightest chance of holding up in court? That's what I was going for.
I mean, sorry to bring this back in any way to the Internet cesspool that is gun control debate, but I guess one of the reasons it's easier here is that... well, the assumption that the other guy has a gun on him is hard as hell to sell to a court around these parts. "Guy with hands on pockets" doesn't come even close to being accepted anywhere as a justification for "I freaked out and shot/stabbed him". Hell, I've been shown sentences where being in the actual process of receiving a punch to the face was not seen as valid grounds for self defence in stabbings, let alone shootings.
I guess my question is, given whatever the regulation and frequency of firearm use over there, if you go to a court claiming that some guy had his hands on his pockets and looked shifty to you and he said he'd harm you and you shot him, what are your chances of not being extremely conscious of the firmness of your grip on a bar of soap this time next week? And I don't mean this guy. This guy will probably get crucified, given the media outrage. I mean, as a matter of legal precedent, do you know how much of this is a desperation move and how much of it does actually work?
See, here there area bunch of things you need to be able to claim self defence: the attack must exist. It must be real. It must be actually happening at that point (revenge is not self-defence, threats are not enough grounds), your defence can't cause more harm than the attack to what you're defending (i.e. going for the kill when a guy was trying to just rough you up doesn't quite cut it, but that's not set in stone), you can't be in an open fight (if you're both attacking, nobody is defending) and you can't trick the other guy into attacking you first so you can hurt him in retaliation. That's a lot of requirements right there, and it's pretty far removed from "guy in hoodie looked at me sideways". I wasn't aware of there being such a HUGE gap in how this is regulated in the US, so I'm a bit confused about whether this thing is real. From the press I got that the issue here is that he's not in prison during the investigation, but that doesn't mean he's not going to end up in jail, right? Or does the claim he have just outright spell self-defence and pretty much guarantee he gets to walk?
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