The George Zimmerman Case

May 10th, 2012 | Posted in Criminal Law, In The News

The George Zimmerman Case: The Foreseeable Outcome to a Dangerous Equation

It is easy and convenient to blame George Zimmerman for the tragic death of Trayvon Martin, an unarmed 17 year old who Mr. Zimmerman mistook for a potential criminal.  After all, George Zimmerman chose to arm himself with a handgun when he decided to patrol his neighborhood looking for would-be criminals.  He spotted Trayvon Martin and assumed that Trayvon was a potential criminal.  He ended up shooting and killing Trayvon, who was not armed and not doing anything wrong.  But, while it feels intuitively good to blame George Zimmerman, is that where the story ends?  Or, should we consider the reasons that may have led to George Zimmerman acting as he did?  In fact, it may be that George Zimmerman was acting within the law.  His conduct may have been permitted under the law.  Furthermore, the laws that allow Zimmerman to act as he did may have led to this foreseeable tragedy.  Whether we like it or not, the recipe for this disaster has been in play for a while.  It was only a matter of time before someone stepped into the minefield where stereo-types, flawed human judgment and gun rights intersect.  George Zimmerman just happened to be that person.  George Zimmerman will come and go.  However, the underlying issues will inevitably lead to more tragedy, unless we use this as an opportunity to effectuate change.

Florida has enacted a pro-gun-rights law known as the “Stand Your Ground” law.  This law allows someone like George Zimmerman to stand-up to a would be threat without having to retreat – even if that means using deadly force.  The law at its heart is the old self-defense law, but does not require one to retreat away from a potential threat.  Furthermore, anyone who fits under this law is not to be arrested or prosecuted for killing another person, as that person is immune from such.  In fact, a law enforcement entity that fails to abide by this law may be subject to a lawsuit from the arrestee.  If a person is arrested under this law, the person doesn’t have to wait for a jury to hear a self-defense claim.  The person can petition the court for immunity and may have the case thrown out even prior to a trial.  Even if the Judge doesn’t agree to throw out the case, the person can still present a traditional self-defense claim at trial.

In plain language, the law allows a person to kill another person who is reasonably perceived to be a threat.  In the case of George Zimmerman, if he reasonably perceived Trayvon Martin to be a threat, he may have been authorized to use force.  We don’t know all the facts to determine whether it was reasonable to perceive Trayvon Martin as a threat.  What we do know is that two law enforcement agencies investigated the case, the Sanford Police and the Seminole County State Attorney’s office.  Both agencies apparently concluded that George Zimmerman was immune from prosecution under the Stand Your Ground law, and refused to arrest him.  It wasn’t until the public outcry over the tragedy caused the Governor’s Office to appoint a special prosecutor that a charge was brought.

The Governor’s Office is walking a tight-rope here.  They have to satisfy the angry cries of the public that feel that there was unfair racial profiling at play.  At the same time, the Governor doesn’t want to upset his supporters by using the Stand Your Ground law to exonerate George Zimmerman and cause a backlash against the law.  The best result: blame George Zimmerman.  Call him a racist who doesn’t fit under the Stand Your Ground law.   The unfortunate result of this approach is that it will ignore the real underlying problems of race and gun rights that really are at the heart of this case.

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Florida Crime Rate Lowest in 41 Years

April 30th, 2012 | Posted in In The News

The Florida Department of Law Enforcement’s Uniform Crime Report shows that Florida’s crime rate is the lowest in 41 years.  Although, a few numbers increased here and there for some areas of the state, Florida’s crime rate has consistently dropped for the last two decades and continues to decrease annually.

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Physicist Uses Expertise to Beat Traffic Ticket

April 20th, 2012 | Posted in In The News

A physics teacher in Southern California beat a $400 traffic ticket by using his knowledge of linear and angular motion.

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Trayvon Martin Shooting Under the Magnifying Glass

March 20th, 2012 | Posted in In The News

On February 26th, George Zimmerman allegedly shot and killed Trayvon Martin in self-defense. Some public officials feel the investigation may have been mismanaged. Now, several agencies are looking further into the matter.

Link: Original Article

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Casey Anthony Fires Lawyer Jose Baez?

January 11th, 2012 | Posted in In The News

Casey Anthony

The New York Post is reporting that Casey is angry at Jose Baez for not finalizing her first television interview.  As a result, there is speculation that Casey Anthony will drop Jose Baez as her lead attorney.  It looks like lawyer Cheney Mason may take over as her representative to the media.

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[Video] Is it Casey Anthony?

January 5th, 2012 | Posted in In The News

After serveral months of hearing mostly nothing about Casey Anthony, she pops up on the internet with a video post on caseyanthonyisinnocent.com. The question now is, is it really Casey Anthony?  Watch the video and let us know what you think on our facebook page!


Video provided via Youtube.

Original Article.

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No more texting and driving in Florida?

December 9th, 2011 | Posted in In The News

SB 416 is a good idea.  However, the statutes have several issues that will eventually need to be addressed.  One is the fact that the driver will be assessed 6 points upon a conviction.  That is 50% of the points needed for a 1 year driver license suspension.  Too severe?  Maybe.  Another issue is the wording of the statute with regard to a police officer’s ability to stop a driver who is unlawfully using an electronic device.  There is potential for possible pretextual stops.

Take a look at SB 416 for yourself.

View the proposed Senate Bill 416.

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Halloween: Are Nunchucks Legal?

October 19th, 2011 | Posted in In The News

Halloween is a fun holiday for kids and grow ups alike. However, some costumes could potentially get you in trouble. For example, for you ninjas out there, if you tote real nunchucks you may be breaking the law depending upon in which state you live.

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Is Lindsay Lohan in Violation of Probation?

October 18th, 2011 | Posted in In The News

The Wall Street Journal suspects that a city prosecutor will ask a judge to find Lindsay Lohan in violation of her probation. If this happens it is likely she will spend time in jail. However, other sources report the Probation Department thinks Lindsay has done most of what she’s required to do, and they will NOT recommend that she be thrown in jail.

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Florida’s Gun Waiting Period Laws

October 18th, 2011 | Posted in In The News

In the state of Florida there is a three-day waiting period for the purchase of handguns. However, Florida voters in 1998 amended the state’s constitution to give counties the authority to enact their own waiting periods.

This causes confusion for those purchasing firearms.  You might wait three days in one county but five days in another county.

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