http://www.leg.state.fl.us/statutes...ng=&URL=0700-0799/0776/Sections/0776.032.html
Sent to me by a friend in Florida.
Florida Law Will Not Allow Civil Suit against Zimmerman
Discussion in 'Political Debate & Discussion' started by Aaron, Jul 14, 2013.
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This is why there are no riots. Everybody's packin' heat and you don't get to sue the citizen who shoots your lawless a$$.
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Let's move D.C. to Florida!
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church mouse guy Well-Known MemberSite Supporter
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. -
Love it!
One up for gun rights!!!! -
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I'm now hearing he may face federal civil charges. Something about hate speech. I dunno if they can make it stick though.
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(Of course, they had the God-given human right to do so, but in the darkness of that dispensation couldn't see it.) -
Jedi Knight Well-Known MemberSite Supporter
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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. -
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. :eek: -
Revmitchell Well-Known MemberSite Supporter
Stand your ground has nothing to do with the Zimmerman case.
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Your hatred for Jews is quite obvious. Every time something arises in the news , you find some source to blame it all on Jews. -
Revmitchell Well-Known MemberSite Supporter
Yes it is............ -
Earth Wind and Fire Well-Known MemberSite Supporter
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. -
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