no civil suit..in Florida you can't sue civilly if acquitted.
George Zimmerman Trial
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TheRiflemanSBR Hall of Famer
- 08-30-12
- 7284
#631Comment -
PaperTrail07SBR Posting Legend
- 08-29-08
- 20423
#632.....I mean its good to know now that the loser of every fist fight in America has the right to kill the person (armed or not) b/c they lost....I guess every guy in a fist fight is in FEAR OF HIS LIFE......Only on fearing their life should have been the guy without a gun involved in a fight w a guy w one....one man=holding a tool designed for killing Other guy=NothingComment -
TheRiflemanSBR Hall of Famer
- 08-30-12
- 7284
#633He could be prosecuted on the federal level which is absurd. If that's not double jeopardy....than what is??
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While George Zimmerman sits in the custody of Florida awaiting his fate on second degree murder charges, he is still being investigated and may be charged for more crimes in the federal system.
Eric Holder and his minions are investigating Mr. Zimmerman for civil rights violations and are tying to build such a case. I'll leave aside the question of whether the Justice Department and FBI should be "trying to build that case" instead of investigating the facts and applying them to the law.
For most Americans, it was the Rodney King trial that introduced the reality that people acquitted for an accused crime at the state level could be prosecuted under the federal system for the same acts. The police accused of beating Mr. King were acquitted of state charges and the federal Department of Justice then charged the officers in federal court and convicted them of violating Mr. King's civil rights. The reason why this is allowed is because of dual sovereignty of the state and federal governments.
The Supreme Court ruled in 1959's Bartkus v. Illinois that a person could be prosecuted by bothfederal and state authorities for the same crime and that the prosecutions could even cooperate, and that these actions would not violate the double jeopardy protections of the fifth amendment.
The Fifth Amendment provides in relevant part that "nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb." It's important to remember that when the this provision of the Bill of Rights was enshrined into our Constitution, the only federal crimes were treason, counterfeiting, and piracy. The Founders had no reason to protect the populace from double prosecution by state and federal governments. Forgetting serious crimes like murder or arson, the Founders certainly could never have imagined that sellers of unpasteurized milk for example might be committing state and federal felonies.
Generally the feds do not prosecute crimes that are taken up by prosecutors in state courts. The "Petite" rule is DOJ's own rule whereby they will forgo prosecution of federal crimes if the accused is tried in state court. Only in instances where there is a "compelling federal interest" does the DOJ allow its attorneys to prosecute such cases. They must be pre-approved by an assistant attorney general.
While nothing about the Trayvon Martin George Zimmerman story seems to be either predictable or follow precedent, recent history seems to show Zimmerman would be a very tough defendant on civil rights charges. To prevail, the federal government would essentially have to prove that Mr. Zimmerman shot or at least attacked Trayvon Martin simply because he was black. Given what we know about George Zimmerman, and his extraordinary and recent efforts to see justice done for Sherman Ware, a homeless black man beaten by the son of a Sanford, Florida police officer - making him out to be a race-based murderer is not likely to prove successful.
Do you think the Court got it right in 1959? Is it really not double jeopardy to be tried in state court for a crime and then have to fight again in federal court against the same charges?Comment -
PaperTrail07SBR Posting Legend
- 08-29-08
- 20423
#634Well I went in looking for a fight...found it....was losing....so resorted to my gun cause I was in fear of my life.....huh......OKComment -
PaperTrail07SBR Posting Legend
- 08-29-08
- 20423
#635Totally agree here as much as I disagreeHe could be prosecuted on the federal level which is absurd. If that's not double jeopardy....than what is??
======================================== ===============
While George Zimmerman sits in the custody of Florida awaiting his fate on second degree murder charges, he is still being investigated and may be charged for more crimes in the federal system.
Eric Holder and his minions are investigating Mr. Zimmerman for civil rights violations and are tying to build such a case. I'll leave aside the question of whether the Justice Department and FBI should be "trying to build that case" instead of investigating the facts and applying them to the law.
For most Americans, it was the Rodney King trial that introduced the reality that people acquitted for an accused crime at the state level could be prosecuted under the federal system for the same acts. The police accused of beating Mr. King were acquitted of state charges and the federal Department of Justice then charged the officers in federal court and convicted them of violating Mr. King's civil rights. The reason why this is allowed is because of dual sovereignty of the state and federal governments.
The Supreme Court ruled in 1959's Bartkus v. Illinois that a person could be prosecuted by bothfederal and state authorities for the same crime and that the prosecutions could even cooperate, and that these actions would not violate the double jeopardy protections of the fifth amendment.
The Fifth Amendment provides in relevant part that "nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb." It's important to remember that when the this provision of the Bill of Rights was enshrined into our Constitution, the only federal crimes were treason, counterfeiting, and piracy. The Founders had no reason to protect the populace from double prosecution by state and federal governments. Forgetting serious crimes like murder or arson, the Founders certainly could never have imagined that sellers of unpasteurized milk for example might be committing state and federal felonies.
Generally the feds do not prosecute crimes that are taken up by prosecutors in state courts. The "Petite" rule is DOJ's own rule whereby they will forgo prosecution of federal crimes if the accused is tried in state court. Only in instances where there is a "compelling federal interest" does the DOJ allow its attorneys to prosecute such cases. They must be pre-approved by an assistant attorney general.
While nothing about the Trayvon Martin George Zimmerman story seems to be either predictable or follow precedent, recent history seems to show Zimmerman would be a very tough defendant on civil rights charges. To prevail, the federal government would essentially have to prove that Mr. Zimmerman shot or at least attacked Trayvon Martin simply because he was black. Given what we know about George Zimmerman, and his extraordinary and recent efforts to see justice done for Sherman Ware, a homeless black man beaten by the son of a Sanford, Florida police officer - making him out to be a race-based murderer is not likely to prove successful.
Do you think the Court got it right in 1959? Is it really not double jeopardy to be tried in state court for a crime and then have to fight again in federal court against the same charges?Comment -
TheRiflemanSBR Hall of Famer
- 08-30-12
- 7284
#636.....I mean its good to know now that the loser of every fist fight in America has the right to kill the person (armed or not) b/c they lost....I guess every guy in a fist fight is in FEAR OF HIS LIFE......Only on fearing their life should have been the guy without a gun involved in a fight w a guy w one....one man=holding a tool designed for killing Other guy=NothingComment -
PaperTrail07SBR Posting Legend
- 08-29-08
- 20423
#637I Understand that....We all understand what side your on.....QUOTE=TheRifleman;19149696]moron....he didn't even need to hit Zman.....Zman just needed to fear for his safety, and shooting the thug would have been permissible as well....hitting him was just icing on the cake for the defense.....now, stfu and let the smart people discuss this further.[/QUOTE]Comment -
KermitBARRELED IN @ SBR!
- 09-27-10
- 32555
#638Well some white people have supposedly already been reported shot down in Deepside. Not sure if this is related or not.Comment -
Andy117SBR Hall of Famer
- 02-07-10
- 9511
#639You should shut up then, you're the dumbest guy on the board.Comment -
bettilimbroke999SBR Posting Legend
- 02-04-08
- 13254
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bettilimbroke999SBR Posting Legend
- 02-04-08
- 13254
#641Feel sorry for the kid....people change and he never had a chance to even grow up....ignorant penetrates judging him on the 15 mins they know of him....he had a hoodie on...RIP....could have been anyone's kid...Zimmerman is lucky it wasn't a rich black kid....simple as that....sick society
Sadly I agree he could've been any blacks kidComment -
pulledclearSBR Hall of Famer
- 02-19-12
- 6684
#642Just saw a sblib on FOX saying M Vick went to jail for killing a dog. somehow this shine was mentally manifesting a comparison to the Zimmerman verdict.You cant even argue with these morons because they have NO REASONING ABILITY AT ALL and continually gravitate to anti social behavior.
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chipperSBR MVP
- 01-07-10
- 1994
#643So glad this trial is finally over...Comment -
Let's Go RangersSBR Hall of Famer
- 03-18-12
- 8918
#645
Trayvon Martin seemed pretty athletic I'm pretty sure he could have crawled home in that time he not been looking for a confrontation.
somebody should have taught him early on in life don't bring skittles to a gunfightComment -
cloverfieldSBR Wise Guy
- 12-24-10
- 862
#646unfortunately this is false.
He will have a hearing prior to the civil trial to see if he gets immunity. The burden is a lot smaller in a civil trial but I still think he will get not guilty. These prosecutors from Jacksonville were full of shit and he should have never been tried to begin with.
Now they are asking the DOJ to continue their look into a civil rights violation.Comment -
Marv001SBR MVP
- 02-27-10
- 1147
#647I had a feeling zim was gonna get off. When the chief of police goes door to door before the trial is over to personally talk to the residents, he is expecting a not guilty verdict.Comment -
PaperTrail07SBR Posting Legend
- 08-29-08
- 20423
#6484 minutes...you said it...I dunno....maybe looking around to see who the fat Mexicanish Man that chasing him was....I know I would...Comment -
PaperTrail07SBR Posting Legend
- 08-29-08
- 20423
#649Agree....So basically just always carry a gun....say Trayvon was 21 and Zimm chased him and he was in fear of his safety..he could have shot Zimmerman...Comment -
CarpeDimeSBR Hall of Famer
- 09-01-09
- 7873
#650Comment -
Let's Go RangersSBR Hall of Famer
- 03-18-12
- 8918
#651
no different than had he survived I think he was justified in throwing the first punch if he could have articulated that he was in fear / felt threatenedComment -
wikkidinsaneSBR Posting Legend
- 05-30-10
- 13799
#652Kermit where in fl do you live/ Two whites got shot down in minutes of the ruling near my casino and in deepside. i expect more senseless killings to go on against the white race here in south florida. I feel sorry for some people.Comment -
bettilimbroke999SBR Posting Legend
- 02-04-08
- 13254
#653
Of course occasionally the white shoots a black thats attacking him and we put on a 2 week joke trial for a few million so the blacks dont start killing 4 a dayLast edited by bettilimbroke999; 07-14-13, 02:22 PM.Comment -
bettilimbroke999SBR Posting Legend
- 02-04-08
- 13254
#656Zimmerman shot 10 blacks on the way out of the courthouse to celebrateComment -
sweepSBR Posting Legend
- 10-09-10
- 16753
#657No, not HR Wager George, but George Zimmerman.
Man this dude is every where. A real HERO!!
George Zimmerman, who has been in hiding since he was acquitted of murder in the death of Trayvon Martin, emerged to help rescue a family who was trapped in an overturned vehicle, police said today.
Zimmerman was one of two men who came to the aid of Dana and Mark Gerstle and their two children, who were trapped inside a blue Ford Explorer SUV that had rolled over after traveling off the highway in Sanford, Fla. at approximately 5:45 p.m. Thursday, the Seminole County Sheriff's Office said in a statement.
The crash occurred at the intersection of I-4 and route Route 46, police said. The crash site is less than a mile from where Zimmerman shot Martin.
By the time police arrived, two people - including Zimmerman - had already helped the family get out of the overturned car, the sheriff's office said. No one was reported to be injured.
Zimmerman was not a witness to the crash and left after speaking with the deputy, police said.
It's the first known sighting of Zimmerman since he left the courtroom following his controversial acquittal last week on murder charges for the death of Martin. Zimmerman, 29, shot and killed Martin, 17, in Sanford, Fla., on Feb. 26, 2012. The jury determined that Zimmerman shot Martin in self-defense.Comment
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