Author Topic: Mark 'O'Mara's 8/13 Press Conference  (Read 13675 times)

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Offline TalkLeft

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Re: Mark 'O'Mara's 8/13 Press Conference
« Reply #60 on: August 14, 2012, 03:22:41 PM »
For discussions of SYG and self defense, not having to do with what O'Mara said during the conference, please use the threads for them.

Offline RickyJim

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Re: Mark 'O'Mara's 8/13 Press Conference
« Reply #61 on: August 14, 2012, 03:24:15 PM »
Why are you stressing over the meaning of "reasonable"? Doesn't reasonable mean what reasonable means, whether it's in this section of the law or that?

A jury at a trial is supposed to acquit if they think Zimmerman's self defense claim is reasonable.  At the immunity hearing the judge is supposed to grant immunity if he thinks Zimmerman's self defense claim is more likely true than not.  If you look at the various sections of the Florida self defense law, they use the language of reasonability, e.g. 776.013(3)
Quote
A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.
So is the jury is to decide whether or not it is reasonable that Zimmerman reasonably believed it necessary etc. while the judge at the immunity hearing is to decide whether or not it is more likely than not that Zimmerman reasonably believed it necessary etc.?  The distinction between reasonable and more likely than not begins to elude me here.




Offline annoyedbeyond

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Re: Mark 'O'Mara's 8/13 Press Conference
« Reply #62 on: August 14, 2012, 03:50:51 PM »
A jury at a trial is supposed to acquit if they think Zimmerman's self defense claim is reasonable.  At the immunity hearing the judge is supposed to grant immunity if he thinks Zimmerman's self defense claim is more likely true than not.  If you look at the various sections of the Florida self defense law, they use the language of reasonability, e.g. 776.013(3)So is the jury is to decide whether or not it is reasonable that Zimmerman reasonably believed it necessary etc. while the judge at the immunity hearing is to decide whether or not it is more likely than not that Zimmerman reasonably believed it necessary etc.?  The distinction between reasonable and more likely than not begins to elude me here.

You keep broadening your net, RJ.
First it was all about reasonable. Now you've added more likely than not.


Offline DebFrmHell

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Re: Mark 'O'Mara's 8/13 Press Conference
« Reply #63 on: August 14, 2012, 04:13:55 PM »
You keep broadening your net, RJ.
First it was all about reasonable. Now you've added more likely than not.

I don't know that he is widening his net as much as he is talking about two different things.

For a jury trial it is "beyond reasonable doubt" and the burden of proof rests on the Prosecution.  In the pre-trial evidenciary  hearing it is a preponderance of evidence, which is better than 50%, and it is presented by the Defense as they have the burden of proof.   There is no jury, just the judge. 

IAsooooNAL.

Offline TalkLeft

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Re: Mark 'O'Mara's 8/13 Press Conference
« Reply #64 on: August 14, 2012, 04:33:52 PM »
Again, please take discussions of the law on SYG and self-defense to those threads.

Offline RickyJim

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Re: Mark 'O'Mara's 8/13 Press Conference
« Reply #65 on: August 14, 2012, 08:40:34 PM »
For discussions of SYG and self defense, not having to do with what O'Mara said during the conference, please use the threads for them.

The last post on the SYG and Stand Your Ground thread was a posting from me dated Aug. 1 where I posed questions whose answers, I hope, would clarify the law and its application at the SYG hearing and trial.  Nobody replied.  I hope the renewed interest in the subject, since the defense has said they want such a hearing, will lead to some answers.

Offline DebFrmHell

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Re: Mark 'O'Mara's 8/13 Press Conference
« Reply #66 on: October 17, 2012, 10:29:35 PM »
I cannot find a link to the Aug 13th Press Conference that Mark O'Mara had.  The only one here is for DiWataMan and his is set to private.

I remember him using 776.032 repeatedly during that conference and I remember it was shot outdoors.  He also said it was not the 776.013 Stand Your Ground clause.  I have looked high and low.  I need help.

 

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