http://www.leg.state.fl.us/statutes...ng=&URL=0700-0799/0776/Sections/0776.032.html
Sent to me by a friend in Florida.
Sent to me by a friend in Florida.
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Florida Law Will Not Allow Civil Suit against Zimmerman
- Thread starter Aaron
- Start date
So that is the reason that the defense lawyer said last night that a civil rights case would be quickly dismissed! I checked with my town library. The have copies of Kafka's books The Castle and The Trial. I guess that this time around I will understand them when I read them. The Castle is about a guy under sentence from the Castle in the town for some unknown charges for some unknown reason and he can never find out who or what or why. It is an unfinished fragment as Kafka died of TB, but I am going to have to read it.
Zimmerman, a average person, now probably will have to beg more money to endure another 16 or 17 months of show trial for hate crimes on federal charges. His malefactors like Angela Corey will probably go free.
Zimmerman, a average person, now probably will have to beg more money to endure another 16 or 17 months of show trial for hate crimes on federal charges. His malefactors like Angela Corey will probably go free.
preacher4truth
Active Member
preacher4truth
Active Member
Clear from Iran to Florida?
Robert Snow
New Member
Since when does the law matter to this administration? I fear they will invent some illegal way around Florida's law and still prosecute Zimmerman.
How did Ahasuerus counter the day of legal violence to the Jews in the days of Esther? He made a proclamation that they could take up arms in their own defense.
(Of course, they had the God-given human right to do so, but in the darkness of that dispensation couldn't see it.)
Exactly....the thug way!
Robert Snow
New Member
It takes a thug to protect a thug.
FR7 Baptist
Active Member
Zimmerman is not currently immune from a civil suit. While the statute Aaron posted applies, it is more fleshed out in case law. The reason he doesn't have immunity now is because of differing standards of proof.
To establish immunity, a criminal prosecution or civil suit must be filed against the defendant. The defendant can request a "stand your ground" hearing prior to trial. This is heard by a judge sitting alone without a jury. In a SYG hearing, the burden of proof is on the defendant to prove by a preponderance of the evidence that it was self-defense. If the judge finds in the defendant's favor, he is then immune both from prosecution and civil suits.
In this case, Zimmerman did not seek a hearing to determine immunity. Instead, he went straight to a jury trial. Under Florida law, once the issue of self-defense is raised before a jury, the burden of proof falls on the State to prove it was not self-defense beyond a reasonable doubt.
Therefore, a finding of not guilty by a jury does not establish immunity from future civil litigation. If he is sued, he can then seek an immunity hearing.
As far as Federal prosecution, I find it very unlikely. A Federal hate crime charge seems almost impossible to prove and I don't think he's guilty of any criminal wrongdoing at all. However, a Federal prosecution would not be double jeopardy. The Federal government and State governments are separate sovereigns, each with the ability to punish crime. Therefore, an act which violates both State and Federal law can be prosecuted by both without violating double jeopardy.
To establish immunity, a criminal prosecution or civil suit must be filed against the defendant. The defendant can request a "stand your ground" hearing prior to trial. This is heard by a judge sitting alone without a jury. In a SYG hearing, the burden of proof is on the defendant to prove by a preponderance of the evidence that it was self-defense. If the judge finds in the defendant's favor, he is then immune both from prosecution and civil suits.
In this case, Zimmerman did not seek a hearing to determine immunity. Instead, he went straight to a jury trial. Under Florida law, once the issue of self-defense is raised before a jury, the burden of proof falls on the State to prove it was not self-defense beyond a reasonable doubt.
Therefore, a finding of not guilty by a jury does not establish immunity from future civil litigation. If he is sued, he can then seek an immunity hearing.
As far as Federal prosecution, I find it very unlikely. A Federal hate crime charge seems almost impossible to prove and I don't think he's guilty of any criminal wrongdoing at all. However, a Federal prosecution would not be double jeopardy. The Federal government and State governments are separate sovereigns, each with the ability to punish crime. Therefore, an act which violates both State and Federal law can be prosecuted by both without violating double jeopardy.
After reading this and listening to the 2 lady attorneys on O'Reilly, I don't think they'll be able to prosecute him at the Federal level for hate crimes either. IMO, the 911 recording shows no indication that Zimmerman went after Martin because of his race.
Again, I do think Zimmerman instigated this whole matter. He should have stayed in his automobile and waited on the police, but he didn't. Personally I think Zimmerman is messed up. Something's just not right about him and I think he's a cop wannabe. Or maybe he'd just finished watching Death Wish with Charles Bronson.
Stand your ground has nothing to do with the Zimmerman case.
DrJamesAch
New Member
Out of all of the liberals out there that push for "equality" and "tolerance" funny that you picked a JEWISH website to claim that the law has been passed in Florida about hate-speech BECAUSE OF JEWS.
Your hatred for Jews is quite obvious. Every time something arises in the news , you find some source to blame it all on Jews.
What do you have to do to get a gun in FLA anyway these days. Do they have restrictions, do you require a permit....etc.
I live in NJ & they are so freakin anal retentive that you cannot even be shown a shotgun w/o a permit.
I live in NJ & they are so freakin anal retentive that you cannot even be shown a shotgun w/o a permit.
You are falsely accusing me again. I never mentioned Jews, ADL is relentless in their efforts and at the forefront in promoting hate SPEECH legislation.
Ooooohhh, I see, the Anti Defamation League is a Jewish organization! Wow, they pack a lot of punch too, don't they? Maybe there IS something to these incessant murmurings about Jewish dominance and influence after all.....