Showing posts with label George Zimmerman. Show all posts
Showing posts with label George Zimmerman. Show all posts

Monday, July 22, 2013

Trayvon Stood His Ground

On July 19, 2013, President Barack Obama spoke to the Washington Press Core, where he said:
"And for those who resist that idea that we should think about something like these Stand Your Ground laws, I’d just ask people to consider, if Trayvon Martin was of age and armed, could he have stood his ground on that sidewalk? And do we actually think that he would have been justified in shooting Mr. Zimmerman, who had followed him in a car, because he felt threatened? And if the answer to that question is at least ambiguous, then it seems to me that we might want to examine those kinds of laws."
 So-called Stand Your Ground laws sometimes called "No Duty To Retreat" seek to legally define an individual or individuals legal rights to Self Defense. Ostensibly, the Legal Right to employ Self Defense is a given, but the right to "use force" or fight is not - thus making the action mute. In the George Zimmerman - Trayvon Martin incident the evidence is clear that Trayvon chose to fight. Martin felt threatened by Zimmerman's actions, rejected his girlfriend's advice over the telephone to avoid a confrontation, sucker-punched Zimmerman, knocking him to the ground and began pounding his head into the cement sidewalk. At which point Zimmerman felt physically threatened and used deadly force.

Trayvon Martin could have retreated - Chose not to.
George Zimmerman could have retreated - Chose not to.
Trayvon Martin chose to Stand His Ground, he chose to fight and got killed doing so.


The following are excerpts from Wikipedia:
Right of Self-Defense
The right of self-defense (according to U.S. law) (also called, when it applies to the defense of another, alter ego defense, defense of others, defense of a third person) is the right for civilians acting on their own behalf to engage in a level of violence, called reasonable force or defensive force, for the sake of defending one's own life or the lives of others, including, in certain circumstances, the use of deadly force.

Self-defense (United States)
In the United States, the defense of self-defense allows a person to use reasonable force in his or her own defense or the defense of others (see the theoretical background for why this is allowed). 
While the definitions vary from state to state, the general rule makes an important distinction between the use of non-deadly and deadly force. A person may use non-deadly force to prevent imminent injury; however, a person may not use deadly force unless that person is in reasonable fear of serious injury or death. Some states also include a duty to retreat, when deadly force may only be used if the person is unable to safely retreat. A person is generally not obligated to retreat if in one's own home in what has been called the castle exception (from the expression "A man's home is his castle"). 
Runyan v. State (1877) 57 Ind. 80, 20 Am.Rep. 52, is one of the earliest cases to strongly support and establish in U.S. law an individual's right to initiate self-defense actions up to and including the justifiable use of lethal force against an aggressor. 
In Runyan, the court stated "When a person, being without fault, is in a place where he has a right to be, is violently assaulted, he may, without retreating, repel by force, and if, in the reasonable exercise of his right of self defense, his assailant is killed, he is justiciable."
-JB

Thursday, April 19, 2012

The Soul of Trevon Resides in Fortuna CA


The local newspaper announced to the general public on Tuesday, April 17, 2012 that Maxwell Soeth and Sgt. Charles Ellebrecht were the Fortuna police officers that shot and killed Jacob Robert Newmaker March 16, 2012. Newmaker had done nothing but try to stop them from beating him with their batons after tracking him down on a nothing accusation. In this case these guys initiated a violent arrest and then justify killing him for trying to stop them from beating him.

What's the difference between what Maxwell Soeth and Sgt. Charles Ellebrecht did and what George Zimmerman did killing Trevon Martin?

The situation is exactly the same, with a couple of minor exceptions. That being, George Zimmerman was supposedly a self-appointed security guard working to protect his neighborhood and these guys were police officers licenced by the city to protect their neighborhood. The killing of Robert Newmaker was justified because he was merely holding a police baton and Trevon Martin was killed for “standing his ground.” Neither one had done anything but ask to be left alone. So, why are they dead?

Personally, the biomorphic people of Fortuna deserve these kinds of police walking their streets protecting their children and property. In fact, I'd say the people in Garberville, or more accurately Southern Humboldt, roundly deserve their demonstrated breed of police as does Eureka and the rest of Humboldt County. When the killing of innocent people is “appropriate” for simply NOT immediately complying with some police officer's command or order I'd say a whole lot of people got their priorities skewed. Apparently, the only thing that is life-threatening are these cops legitimate right to be there in the first place. When they have the right, defacto or not, to put their right to pack a gun and a badge over the individual human lives of their fellow citizens, then I'd say the whole society is morally corrupt and deserve what they get.
--Joe
PS. Notice any local blog discussion on this issue? The District Attorney Paul Gallegos seems to believe there is NO conflict of interest in the police investigating or judging their own. Maybe Humboldt County could use another William Ferroggiaro.