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Originally posted by DJW001
reply to post by Maslo
So if someone picks a fight with you, and you defend yourself, but he ends up killing you, he is innocent because he killed you in self defense?
But that is not self-defense, legally speaking. Aggressor cannot claim self-defense (unless the attack from the victim continues beyond what is reasonable, in which case indeed he would be innocent when it comes to the killing).
Originally posted by DJW001
Correct. In this case, Zimmerman was the aggressor. We do not know whether Martin's response was "reasonable." Even if it were excessively violent, Zimmerman is still guilty of killing him. He may be found "not guilty" by reason of self defense, but he would not be "innocent," he would be a killer.
And if they are genuine, do they necessarily support Zimmerman's claim?
Is it not possible that rather than beating Zimmerman's head against the ground "like a thug," he simply got in a lucky sucker punch "like a frightened High School kid?"
Criminal justice is not about proving innocence, legal or otherwise. It is only about proving guilt beyond a reasonable doubt.
So if someone picks a fight with you, and you defend yourself, but he ends up killing you, he is innocent because he killed you in self defense?
Initially provokes the use of force against himself or herself
unless:
(a) Such force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant
Originally posted by DJW001
reply to post by BenReclused
Criminal justice is not about proving innocence, legal or otherwise. It is only about proving guilt beyond a reasonable doubt.
www.abovetopsecret.com...
Please explain the fine distinction you appear to be making here.
All evidence indicates Martin was the aggressor. So your post is a lie on your part. Whether you are repeating a lie or creating one, there is no evidence, let alone proof, that Zimmerman was the aggressor. On the other hand, there is an incredible amount of evidence indication Martin was the aggressor. Whether you choose to ignore that evidence, look into it, or continue to spin it, that is up to you.
Zimmerman was the aggressor.
We do not know whether Martin's response was "reasonable."
Zimmerman is still guilty of killing him. He may be found "not guilty" by reason of self defense, but he would not be "innocent," he would be a killer.
[url=http://www.merriam-webster.com/dictionary/innocent]1
a : free from guilt or sin especially through lack of knowledge of evil : blameless; an innocent child
b : harmless in effect or intention searching for a hidden motive in even the most innocent conversation — Leonard Wibberley; also : candid; gave me an innocent gaze
c : free from legal guilt or fault; also : lawful; a wholly innocent transaction
2
a : lacking or reflecting a lack of sophistication, guile, or self-consciousness : artless, ingenuous
b : ignorant
Originally posted by DJW001
Zimmerman admits that he followed and approached Martin. Was he being completely passive, just minding his own business? Or was he aggressively engaging a complete stranger, whether or not he intended to inflict harm on him? On the other hand, there is no proof that Martin initiated the violence, only Zimmerman's word.
*snip*
This is the definition THAT YOU, ALREADY, KNOW EVERYONE ELSE IS USING!
Remember, our principal evidence in this case is the testimony of someone who is attempting a "self defense" defense.
You are using a very narrow definition of "assault" to make the case that Zimmerman was not the aggressor.
Let's change this story up ever so slightly.
Jane is a 17 year old woman visiting relatives in a strange town.
How do you think a jury would approach the case?
there is no proof that Martin initiated the violence, only Zimmerman's word.
Milt is correct that the presumption of innocence extends to Zimmerman in court, and that it is the task of the prosecution to find evidence that he struck first and used unnecessary force.
The physical evidence is inconclusive.
It is an overt action, especially if coupled with a threatening greeting like "Hey! Punk!" George Zimmerman is guilty of assault.
Zimmerman may have thought he was doing the neighborhood a favor by assaulting Martin.
On the other hand, walking up to a stranger and saying "Hey! Punk!" is assault.
In this case, Zimmerman was the aggressor.
Martin may have punched Zimmerman so hard that he broke his nose, fell backwards, and hit his head. That is speculation, of course, but weakens the defense's interpretation of the evidence.
If, by some miracle, Zimmerman's can afford a good lawyer and gets a jury that has no preconceived notions about the case, he may be found not guilty of second degree murder under a strict interpretation of the burden of proof principle.
This is quite different than being "innocent," as that word has metaphysical connotations.
That is why OJ is often called "acquitted" or was found "not guilty."
Your definition, of course.
Innocent typically refers to a finding that a criminal defendant is not guilty of the charges, but may also refer to a finding that a civil defendant isn't liable for the accusations of the plaintiff, such as being found not negligent in a personal injury case. It is synonymous with acquit, which means to find a defendant in a criminal case not guilty.
"OJ Simpson is innocent because he was found "not guilty" in a court of law.
"Adolf Hitler is innocent because he was never formally charged with anything."
"Richard Nixon is innocent because he was never impeached."
why use that ambiguous word, rather than the less emotionally charged "not guilty?"
Is it a rhetorical device intended to mislead?
As per your approval, I shall apply the following, legal definition of "innocent", to all three of your incorrect statements:
Innocent typically refers to a finding that a criminal defendant is not guilty of the charges, but may also refer to a finding that a civil defendant isn't liable for the accusations of the plaintiff, such as being found not negligent in a personal injury case. It is synonymous with acquit, which means to find a defendant in a criminal case not guilty.
"OJ Simpson is innocent because he was found "not guilty" in a court of law.
That is an incorrect statement:
OJ Simpson was only found to be "innocent" of the two counts murder, brought forth in criminal court.
"Adolf Hitler is innocent because he was never formally charged with anything."
That statement is incorrect for two reasons:
1) Adolf Hitler WAS "formally charged" on TWO SEPARATE OCCASIONS, and was found to be guilty both times.
2) If one is "never formally charged with anything", the above quoted definition of "innocent" does not apply to that individual.
"Richard Nixon is innocent because he was never impeached."
That statement is, also, incorrect for two reasons:
1) According to the Articles of Impeachment, regarding Mr. Nixon, he was found to be guilty of Obstruction of Justice, Abuse of Power, and Contempt of Congress. Therefore, he was not "innocent" of those charges.
2) Mr. Nixon was "never impeached" because he avoided that process by resigning from office. However, that does not make him "innocent", of the above mentioned charges.
As for Mr. Zimmerman:
If Mr. Zimmerman is acquitted, or found to be not guilty, of the charge he now faces, he will, indeed, be "innocent" of that charge. Even if, however, he is convicted of manslaughter, he will still be "innocent" of his current murder charge.