General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsGeorge Zimmerman is PRESUMED innocent....
I'm going to do something real unpopular around here today and remind everyone that, now that he has been charged and arrested, George Zimmerman is presumed innocent until proven guilty. He hasn't been convicted of 2nd degree murder yet-- I suspect he never will be, but rather will cop to a lesser charge eventually, but that's beside the point. This is where people who love their human rights start standing up for them. Even the most vilified deserve due process and a chance to confront their accuser in court.
Cheney threw people down the hole at Guantanamo without respecting their human rights, and that place is still a blight on the American conscience. Zimmerman will get his day in court, as will the people. Until then, everyone has an opinion, but none of them really matter. He is presumed innocent until proven guilty in a court of law. An indictment isn't a conviction.
Now I'm going to turn off my computer and go home. Flame away.
on edit: clarified the OP to include the PRESUMPTION rather than the fact of innocence, since no facts have been established in court.
PB
HipChick
(25,485 posts)oh wait..that's right..he's dead...bullet in the back..unlike Zimmerman
TheWraith
(24,331 posts)emilyg
(22,742 posts)Fawke Em
(11,366 posts)He was shot in the chest, crab-style on the ground and screaming for his life. He rolled over after the shot.
I think there is surveillance cameras or eyewitnesses to this.
I realize to "up-charge" is a prosecutor's jelly, but there's a "smoking gun," we don't know about.
tabatha
(18,795 posts)that nobody could have talked about.
mr_liberal
(1,017 posts)was shot while on top of Zimmerman. He was banging Zimmerman's head when Zimmerman pulled a gun and shot up into his chest. He then fell off and rolled onto his back on the grass.
I think it has been established that the screams were from Zimmerman but Im not positive about that.
I think the prosecutor has overcharged this case in an attempt to get a manslaughter conviction. She's hoping he will plead or the jury will feel he needs to get something after clearing him of 2nd Degree.
I doubt Zimmerman gets convicted of anything. It could be something minor though with a light year or two sentence.
U4ikLefty
(4,012 posts)The screams wre NOT from Zimmerman.
Look it up.
mr_liberal
(1,017 posts)TheWraith
(24,331 posts)Pilotguy
(438 posts)...that's different than saying he IS innocent.
mike_c
(36,281 posts)In fact, if you don't mind I'm going to edit the OP title to reflect that. Thank you.
thought you were turning off the putter
mike_c
(36,281 posts)Hi, I'm mike_c and I'm a DU-aholic. Seriously though, I'm still in my office, I'm pretty much done for the day, and I keep telling myself "Stop clicking on the Latest and go home, have dinner, say hi to the girl friend." Ah well.
robinlynne
(15,481 posts)robinlynne
(15,481 posts)yeah, i know that song, too.
robinlynne
(15,481 posts)ZombieHorde
(29,047 posts)WingDinger
(3,690 posts)We can dislike, even hate his actions, and the aftermath. We can certainly use all the evidence, not only what the jury sees.
Motown_Johnny
(22,308 posts)Presumed innocent under the law.
cthulu2016
(10,960 posts)Because of the presumption of innocence we can say that he is "Not Guilty" because "Guilty" is a legal determination. It does not exist until a jury makes the determination.
On the other hand, no jury makes a determination of "innocent"... that is not within their scope. Innocent is not a legal category.
So the presumption should probably be the "presumption of not guilty" but that is not as elegant sounding as "presumption of innocence."
alcibiades_mystery
(36,437 posts)Legal guilt is, of course, a different matter, and many, many racist posters who have defended Zimmerman these last few weeks have relied on this slight difference between legal guilt and a more general feeling of guilt to pry their racist trade.
liberalmuse
(18,672 posts)That DU won't be gathering a lynch mob. This is an intelligent community. In the end, DUers will come out on the right side of things. I just get so irritated with condescending posts like this that assumes liberals are knuckle draggers who have zero self-awareness. Honestly?!
cindyperry2010
(846 posts)the parents to me just want their day in court and what had transpired until today made it seem they were not gonna get it. Tell me I am wrong I very likely am?
got root
(425 posts)FYI
elleng
(131,111 posts)not to second degree murder. 'A prosecutor must show that the defendant acted according to a "depraved mind" without regard for human life. Florida state laws permit the prosecution of second degree murder when the killing lacked premeditation or planning, but the defendant acted with enmity toward the victim or the two had an ongoing interaction or relationship. Unlike first degree murder, second degree murder does not necessarily require proof of the defendant's intent to kill.'
http://law.findlaw.com/state-laws/second-degree-murder/florida/
got root
(425 posts)after being told not to.
so, after all we know, a good prosecutor shouldn't have too much trouble applying the letter of the law.
JDPriestly
(57,936 posts)We shall see how it goes.
elleng
(131,111 posts)We could not dispute that.
cthulu2016
(10,960 posts)So the expected hostile replies are... well, expected.
mike_c
(36,281 posts)It wasn't intended as flame bait, but rather a reality check. It really depresses me that even here, human rights are often not respected when they involve unpopular people or ideas. Every now and then we need to stop and remind ourselves, I think.
elleng
(131,111 posts)Thanks for editing.
Very well said.
bigtree
(86,005 posts). . . in my view he's guilty. That's how I'm going to regard him.
In the court's view, it's assumed he's innocent until proven guilty. That's likely how they will regard him, initially; not guaranteed, but likely.
dkf
(37,305 posts)The case is irretrievably tainted. Yours words alone prove it.
XanaDUer
(12,939 posts)He has the right to a fair trial. Which that young man did not get, but Mr. Z is still entitled. His new lawyer seems competent, as well.
Justice wanted
(2,657 posts)point believe justice will never be serve and I am worried that too much time has passed that justice can fully be serve BUT you are right Innocent until proven guilty.
Iris
(15,669 posts)I never said he was guilty of anything. The problem was a child died and it was written off as nothing. And that's just wrong. This should have been investigated immediately after it happened because that would have been the right thing to do.
uppityperson
(115,680 posts)that at least. But true, he is presumed innocent in a court of law.
SteveABG
(134 posts)I'm just glad that a jury will finally get to hear the case to prove him guilty, rather than nobody ever hearing it.
NYC_SKP
(68,644 posts)The things he ADMITS to doing, donning the mantle of neighborhood watch person, more entitled than Trayvon, and willing to go out after him WITH A GUN.
Well, the stupidity there, never mind the likely bigotry, is enough to hate his guts.
Justice may or may not be served, and indeed he is presumed innocent by any court of law.
But that doesn't fix stupid.
And it doesn't fix bigoted.
live love laugh
(13,130 posts)This is a move to placate and nothing more.
With big money backing Zimmerman he'll walk free in no time--unlike those from the same background as his victim.
HooptieWagon
(17,064 posts)However, as spectators we have no such obligation.
NutmegYankee
(16,201 posts)Yo_Mama
(8,303 posts)to prove he committed second degree murder beyond a reasonable doubt.
And if they can't to a jury's satisfaction, he walks.
That's our system, and it's the right one even if it can be a painful one.
Solomon
(12,319 posts)Deal with it and quit trying to find slick ways to gripe about it. He's getting his trial, tho he will cop a plea.
L0oniX
(31,493 posts)indepat
(20,899 posts)by officials on the very night of the homicide.
zipplewrath
(16,646 posts)Yes, technically you are right. And I'll admit that I'd hate to be on his jury. I haven't paid any attention to the hoopla on this case because my only complaint was that he wasn't "arrested" immediately. (If he had, he'd been out the next day on his own unless he had the most incompetent lawyer in the world. Ya gotta understand Florida). But based upon Florida's EXTREMELY lenient laws, only INCLUDING SYG, it is going to be tough case.
None the less, I suspect that he will have a tough time defending his case because of all of the recorded evidence. But I am also aware of the problems with our criminal court system. At the end of the day, the problem may be our court system, not necessarily our insensitivity to the racial bias in our communities.
Cerridwen
(13,260 posts)until proven otherwise in a court of law.
shrub is also presumed innocent until proven otherwise in a court of law.
So far as I am aware, neither of them has been charged by a recognized US court of law and neither of them has had to stand trial in a recognized US court of law.
I'd love it if they were. But by your metrics, they are each, presumed innocent.
Just for the record, DU is not, really it is not, a court of law.
eta: And I am presumed capable of typing...or not.
madashelltoo
(1,699 posts)That does not look like a recently broken nose. Just saying.
pennylane100
(3,425 posts)It was never about whether he was innocent or guilty, it was that he almost got away without answering that very question. It is interesting that you suggest this is the time to stand up for human rights. Unfortunately, you are a day late and a dollar short. The time to have done that would have been when law enforcement was busy trying to bury the rights of the victim because the person who killed him had an influential family.
I am not sure why you need to remind us of the crimes of the Bush/Cheney administration. You are just quoting another example of how the law can be abused by those in power. That is the whole point of the outrage in this case.
bluestateguy
(44,173 posts)and I respect it. I would not have it any other way.
But as an individual who has the right to have an opinion, I also have the right to believe that he is guilty.
nashville_brook
(20,958 posts)soc7
(53 posts)They were completely "convicted" on this site early on....
I agree. Let's get the facts.
Honeycombe8
(37,648 posts)Watching posts misstating facts, prejudging certain things. How soon we forget.
got root
(425 posts)we have a killer who has confessed to stalking, confronting, and then killing in cold blood, an innocent youth, on public property.
barbtries
(28,811 posts)i would take that presumption of innocence with me all the way into the jury room. but, i'm not. he's guilty as hell.
bluedigger
(17,087 posts)Which this is not. It's pretty simple.
Honeycombe8
(37,648 posts)It's hard in a case like this. But so far, the legal system is working, once there was a public outcry.
Bjorn Against
(12,041 posts)I presume him guilty, but I have every right to do that because I am not going to be on his jury and I still support his right to a fair trial. I sure as hell don't think he is innocent though.
DrewFlorida
(1,096 posts)George Zimmerman played police officer, judge, jury, and executioner. There was no presumption of innocence for Trayvon! The courts and jury must presume innocence in order to remain impartial, the public is not required to pretend innocence in the presence of overwhelming evidence. Not only should George Zimmerman be charged but the officers and chief of police of the Sanford police department should also be brought to justice for their attempts to coverup this travesty of justice. It's about time we have "Liberty and Justice for all" not just those with light skin tones.
uppityperson
(115,680 posts)yardwork
(61,710 posts)FailureToCommunicate
(14,022 posts)bigwillq
(72,790 posts)Welcome to DU!
TBF
(32,093 posts)the prosecutor could've gone for the easier manslaughter charge. I am hopeful that this means she has evidence and a plan to present it. Welcome to DU.
K Gardner
(14,933 posts)I'm glad he has a good lawyer. I'm glad he's in custody and is going to have his day in court, or in front of a judge or something.
But DU is NOT A COURTROOM. Sheesh.. chill people. Honest, we can't convict him, even if we wanted to.
Stop worrying.
Quixote1818
(28,971 posts)lead to the death of an innocent child. HE FUCKED UP IN AN EPIC MANOR! Any logical person should be pissed off! Is he guilty of murder? Probably but the jury will have to decide that beyond a reasonable doubt and your point stands and I agree 100% with your point. It's a good point! However, I still don't have to like that fucking piece of shit! Fuck him!
csziggy
(34,137 posts)They never asked for a conviction, they just wanted a proper investigation and an arrest of the admitted killer of their son. The family and their supporters have been admirable in their insistence on peaceful protests and refusal to play into elements that could have escalated the tension into violence.
The problem with the current Stand Your Ground laws is that they presume the survivor of a fatal encounter is telling the truth and give law enforcement an excuse to accept them at their word and to avoid doing an in-depth investigation
The other aspect of the case is the willingness of George Zimmerman and the Sanford PD to accept the idea that Trayvon was suspicious, threatening, or dangerous simply because he was a young black male.
So we have racial profiling piled on top of a law that makes killing because of an imagined threat legal. It had to come to a head sometime, but it could have been much worse. Tracy Martin and Sabryna Fulton should be respected for their dignified, careful handling of their public appearances.
JDPriestly
(57,936 posts)Zimmerman is entitled to a fair trial, to present his evidence and his defenses.
And a fair trial with evidence and a presentation of Zimmerman's defenses followed by a verdict will be a harrowing experience for Trayvon Martin's family -- but also a tremendous solace to them.
That is how our system of justice works.
Each side should present its case as persuasively as it can.
As the prosecutor stated, it is a matter of reviewing and considering every detail. Only when all the admissible evidence is presented can a jury decide what really happened. (We don't begin to know all the evidence yet.)
Of course, many will not agree with the jury verdict.
After all, it has to pretty much go one way or the other.
But we all have to agree to accept it (without giving up the right to appeal if appropriate). Everyone is, in the end, entitled to closure.
enki23
(7,790 posts)I imagine they probably won't bust Zimmerman out of jail and string him up now. It was a near thing, hero. We are all fortunate that you rode in here on that big, heaving white horse to save our society from the scourge of unofficial opinion.
Zimmerman, as we are so eloquently and necessarily informed, is Schrödinger's murderer, neither guilty nor innocent until due process collapses the wavefunction. Till then, we are bound by obligation to truth, justice, the American Way and certain interpretations of quantum mechanics to withhold our petty, useless opinions. Because actual causality, not just legal responsibility, is determined by the authority of the courts.
Aristus
(66,462 posts)Just a reminder that the presumption of innocence lies only with the jury. Anyone else is free to presume his guilt all they want. And I'm one of them. Trayvon Martin was unarmed. That means Zimmerman didn't even think to plant a gun on him...
frazzled
(18,402 posts)Where his presumed innocence can be tested by the evidence, until he is found guilty.
The main outrage of this case is that there was never a legal forum in which to test his guilt or innocence. A young boy (whose own innocence was never granted by the defendant) lies dead, and the person who admitted shooting him has been walking free for six weeks.
Gore1FL
(21,151 posts)backscatter712
(26,355 posts)Since I'm 2,000 miles away from the scene of the crime, I can talk out of my ass as much as I want.
RufusTFirefly
(8,812 posts)Lost-in-FL
(7,093 posts)Iggo
(47,566 posts)provis99
(13,062 posts)I still think the bastard did it.
DisgustipatedinCA
(12,530 posts)In other words, the courts are to presume that he is innocent until proven guilty. But that doesn't stop someone here from assuming he's guilty and saying so. If he is acquitted, then it doesn't much matter what we say or think, he's walking free.
So I guess I'm asking, isn't it for the courts to consider him innocent until proven guilty, and by the same token, does it matter if we, or some of us, consider him guilty from the start? Again, an acquittal would change all of that.
thanks
mzmolly
(51,004 posts)JUSTIFIED, in committing cold blooded murder, prior to his arrest.
Daniel537
(1,560 posts)Its like the 1st amendment prevents the govt. from censoring your free speech, but you can still suffer consequences in the public arena for them.
LanternWaste
(37,748 posts)As the presumption of guilt and innocent are, for all intents and purposes, two different animals when we contrast their use in a court of law versus their use in an informal discussion, and as no one on this discussion board can in any way persuade the eventual decisions of the juries or the jurists, it should then become apparent that any opinions of innocence or guilt are without consequence.
No one in this matter have lost any enumerated rights at all (except for Trayvon...), and there is no reason to believe anyone will lose any enumerated rights...
ehrnst
(32,640 posts)If I was, then I would have the duty to that presumption. I'm not, so I'm free to presume as I see fit.