When I saw the headline that said Jeb Bush says 'stand your ground' law doesn't apply in Trayvon Martin shooting, I thought that maybe Jeb was reading my blog. But then I read the article:
Speaking Friday in Texas, former Florida Gov. Jeb Bush said "stand your ground" doesn't apply to this case."Stand your ground means stand your ground. It doesn't mean chase after somebody who's turned their back," Bush told The Dallas Morning News.
Bush is giving out the false impression that Zimmerman shot Trayvon in the back while he was running away. As far as I know, Trayvon was shot in the chest from the front, and as I wrote in a previous post, I have the impression that Zimmerman may have been on the ground when he shot Travyon, which means that the Florida “stand your ground” law is irrelevant because you can’t run away if you’re on the ground.
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There’s a strong possibility that this case could lead to race riots. I think it is almost guaranteed that Zimmerman will be prosecuted. Why else bring on a prosecutor, one known for her hardball tactics? Any day now, Zimmerman will be arrested and will be held in jail until his trial.
However, the jury will have to consider the actual facts of the case, and they will be told that Zimmerman’s guilt has to be proven “beyond a reasonable doubt.” Zimmerman’s previous arrest (for which the charges were dropped) will probably not be allowed into evidence. However, any evidence of Trayvon’s propensity for violence and misbehavior will be allowed into evidence. This is not a rape trial, so rape shield laws don’t apply here.
Remember that law enforcement officials, based on evidence we are not completely privy to, thought this was such an open and shut case of self-defense that they didn't even bother to arrest him. It’s said that the cops only let him go because they are “racist,” but even racist cops wouldn’t let a Hispanic guy with a gun and a dead body just walk away like that unless the evidence was pretty compelling in favor of self-defense.
So this is a setup for race riots of the type not seen since the cops in the Rodney King trial were acquitted.
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Lawrence Auster suspects that Trayvon may have been suspended from school for punching a bus driver. That would be exactly the type of evidence introduced at a criminal trial that would make a jury of law-abiding whites and Hispanics sympathetic to Zimmerman.
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I accidentally deleted a comment in which the commenter said that the feds would get Zimmerman on "civil rights" charges. My response is that Zimmerman is a private citizen and not a state actor, so it's not illegal for him to disregard people's Constitutional rights.
They may find some other federal offense, violating the spirit of Double Jeopardy, but it has become common practice when there's a defendant whom no one likes.
I can't believe that it has been almost 18 years since I graduated from law school. Yet I still remember most of this stuff.