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Originally posted by butcherguy
reply to post by conspiracy nut
we are talking about someone who supposedly had life threatening injuries
If we are, we don't need to be.
If I pull out a gun and shoot at someone, intending to hit them with the bullet.... but I miss, wouldn't they be justified in defending themselves with their gun if they were so armed? Yet they suffered no injuries.
If someone swipes at a cop with a knife, but isn't able to cut him with the first swipe, I will inform you that the cop will shoot him in most cases. but the cop is not injured.... he was in fear for his life.
Originally posted by Autumnal
Originally posted by butcherguy
reply to post by conspiracy nut
we are talking about someone who supposedly had life threatening injuries
If we are, we don't need to be.
If I pull out a gun and shoot at someone, intending to hit them with the bullet.... but I miss, wouldn't they be justified in defending themselves with their gun if they were so armed? Yet they suffered no injuries.
If someone swipes at a cop with a knife, but isn't able to cut him with the first swipe, I will inform you that the cop will shoot him in most cases. but the cop is not injured.... he was in fear for his life.
Trayvon did not have a gun or a knife. He had skittles and iced tea.
Originally posted by fbluth
Pg. 40 witness says she saw someone being chased with a flashlight in between them (GZ had 2 flashlight on him), this shows GZ was in pursuit of TM. This witness then reports back later that she couldn't identify who was chasing who from her vantage point. But she did without knowing it, saying she 'observed two men chasing each other with a flashlight in between them.' Who had the flashlights? GZ. For the flashlight to be 'in between them' then that means GZ had to be the chaser of TM. This witness also says the chase was in the direction of the 'T' of the sidewalks headed TOWARD TM's house....
...Pg. 80 when police arrived on scene GZ flashlight keychain was ON....this is also proof that the witness that saw the chase saw GZ chasing TM. She saw a flashlight on, GZ had a flashlight that was on, and police found a flashlight that was.
Originally posted by fbluth
....That witness that seen someone being chased by someone else with a flashlight is gonna be a huge thorn in GZ side. GZ had 2 flashlights. How is he gonna explain chasing TM and then killing him. He can't.
Originally posted by fbluth
They have a witness who seen someone chasing someone else with a flashlight between them. Zimmerman had 2 flashlights on him. The witness seen the flashlight between the 2 people being chased. This shows the person doing the chasing was carrying the flashlight. When police arrived they found GZ keychain with a flashlight in the ON position. This proves GZ had his flashlight ON and was the one chasing TM towards the 'T' in the sidewalks.
Originally posted by fbluth
And some types of hearsay are admissible. Its been discussed in this thread. You should probably refresh yourself on the topic.
The Confrontation Clause relates to the common law rule preventing the admission of hearsay, that is to say, testimony by one witness as to the statements and observations of another person to prove that the statement or observation was accurate.
The rationale was that the defendant had no opportunity to challenge the credibility of and cross-examine the person making the statements.
Certain exceptions to the hearsay rule have been permitted; for instance, admissions by the defendant are admissible, as are dying declarations.Nevertheless, in California v. Green, 399 U.S. 149 (1970), the Supreme Court has held that the hearsay rule is not the same as the Confrontation Clause.
Hearsay is admissible under certain circumstances. For example, in Bruton v. United States, 391 U.S. 123 (1968), the Supreme Court ruled that while a defendant's out of court statements were admissible in proving the defendant's guilt, they were inadmissible hearsay against another defendant.
Hearsay may, in some circumstances, be admitted though it is not covered by one of the long-recognized exceptions. For example, prior testimony may sometimes be admitted if the witness is unavailable.
However, in Crawford v. Washington, 541 U.S. 36 (2004), the Supreme Court increased the scope of the Confrontation Clause by ruling that "testimonial" out-of-court statements are inadmissible if the accused did not have the opportunity to cross-examine that accuser and that accuser is unavailable at trial.
Sixth Amendment to the United States Constitution
Nonetheless, in Crawford, the Supreme Court explicitly declined to provide a "comprehensive" definition of "testimonial" evidence (and, thus evidence subject to the requirements of the Confrontation Clause). In Davis v. Washington and its companion case, Hammon v. Indiana....The Court explained what constitutes testimonial hearsay:
Statements are nontestimonial when made in the course of police interrogation under circumstances objectively indicating that the primary purpose of the interrogation is to enable police assistance to meet an ongoing emergency. They are testimonial when the circumstances indicate that there is no ongoing emergency, and that the primary purpose of the interrogation is to establish or prove past events potentially relevant to later criminal prosecution.
The Davis Court noted several factors that, objectively considered, help determine whether a statement is testimonial: 1) whether the statement describes past events or events as they are happening, 2) whether the purpose of the statement is to assist in investigation of a crime or, on the other hand, provide information relevant to some other purpose, 3) the level of formality of the exchange in which the statement is made.
Confrontation Clause
The Court implicitly noted the shift, "Dispensing with confrontation because testimony is obviously reliable is akin to dispensing with jury trial because the defendant is obviously guilty."
Originally posted by conspiracy nut
flyers fan u are a lady, zimmerman had enough strength to throw a lady around but he couldnt push tray off?
But Serino wrote in a report that he played a 911 call for Martin's father, Tracy, in which the screams are heard multiple times.
"I asked Mr. Martin if the voice calling for help was that of his son," the officer wrote. "Mr. Martin, clearly emotionally impacted by the recording, quietly responded `no."'
Zimmerman's father also told investigators that it was his son yelling for help on March 19.
According to the Sanford police incident report of Trayvon Martin's death, he was 6'0" tall and weighed 160 pounds;
Zimmerman's height is shown as 5'8" and his weight as 185 pounds on his Seminole County Sheriff's Office Inmate Booking Information dated 4/11/2012.
Originally posted by DOLCOTT
reply to post by GogoVicMorrow
Can't you just accept the fact that this little punk got what he deserved, Zimmerman saved the tax payers thousands of dollars in cut short this pillar of society's criminal life and possibly the pain of future innocent victims. Had this young man had 1 bit of respect he coulkd have avoided this whole situation. Zimmerman is no hero, but he is not a villain either.