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I really have no idea, I'm sure others much better qualified will research it Isaac Send a noteboard - 20/07/2013 05:24:38 AM

View original postI'm just unsure if the attorneys fees & court cost restitution could be applied as punitive for the criminal case.


View original postI understand why they chose not to attempt a stand your ground hearing in the politically charged atmosphere pre-trial. I doubt there was any way they could have won even with hi-def video evidence and a signed letter of intent from Martin. Judges are notoriously unwilling to stick there necks out and make such rulings.

We're way outside my paltry sum of legal knowledge here, the thing to figure out though would be, pretty simply, if anyone has ever tried to request a SYG hearing in Florida after being found not guilty. If the answer is yes, then whatever was decided is presumably what they'd go with, if not then its virgin territory and unless the law is very clear about when you can request one then its likely to be disputed.

In any event, I would think it would probably be wiser not to have a SYG hearing anyway, a judge is still very likely to want to punt, and since its the exact same burden of proof for civil trial not getting the exemption could harm the defense in a civil suit, where th result probably would be admissible and regardless would probably have been heard by potential jurors. I'm not sure it would behoove someone to emerge from a SYG hearing with "Could not prove by a preponderance of the evidence" only to enter a civil case where the plaintiff's lawyer will be saying "If you feel the preponderance of evidence...", I think for the defense that would be about looking at what new evidence for and against would be on the table for the civil trial that wasn't allowed in the criminal one, and if its better or worse. If its worse, and if he can still have a SYG hearing, then maybe yeah, otherwise I'd think not.

But this is all what ifs, and I'm sure there are hordes of actual lawyers looking into the matter, may as well wait to hear from them. Truth be told I'm not really inclined to discuss it even if I were qualified, I just tend to respond to posts where I'm mentioned by name Though I've no issue discussing the general ins and outs of SYG and the like conceptually, unlike the specifics of the case, and I'm guessing its going to be the political hot button for a few months anyway.

The intuitive mind is a sacred gift and the rational mind is a faithful servant. We have created a society that honors the servant and has forgotten the gift.
- Albert Einstein

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This message last edited by Isaac on 20/07/2013 at 05:28:03 AM
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Okay, how can you use the Trayvon Martin case AGAINST the stand-your-ground laws? - 17/07/2013 10:15:55 PM 948 Views
You forgot to mention that Zimmerman didn't actaully use a stand your ground defense *NM* - 18/07/2013 02:03:51 AM 309 Views
the judge included it in the instructions to the jury - 19/07/2013 04:37:43 AM 506 Views
I love the let me say my piece then end the convesation tactic - 19/07/2013 11:50:02 AM 490 Views
Sources - 19/07/2013 12:35:39 PM 619 Views
so she did - 19/07/2013 01:08:08 PM 477 Views
um, when did the collegiate sports organization get involved in politics? - 18/07/2013 08:17:24 PM 846 Views
I imagine he meant to type NAACP. *NM* - 18/07/2013 08:25:26 PM 253 Views
It's a combination of even more guns in circulation and no duty to retreat if you feel threatened - 18/07/2013 09:13:47 PM 471 Views
blacks are incarcerated at a higher rate because they commit crime at a higher rate - 19/07/2013 04:31:06 AM 501 Views
[citation needed] - 19/07/2013 06:12:04 PM 442 Views
Don't be tedious, such a claim is unprovable but also the most logical inference - 19/07/2013 07:10:22 PM 499 Views
If logic says so, then obviously that must be the only course of action possible.... - 19/07/2013 07:44:44 PM 569 Views
Um, how'd you get that out of my remarks? - 19/07/2013 08:48:09 PM 465 Views
Honestly, I feel like we are getting into some dangerous territory here - 24/07/2013 06:25:15 PM 546 Views
I wonder what we can call the racism version of Godwinning. - 24/07/2013 07:01:20 PM 473 Views
Reductio ad Racism maybe? *NM* - 24/07/2013 08:16:28 PM 219 Views
We? I don't feel I'm in dangerous territory at all - 24/07/2013 08:10:24 PM 415 Views
lets look at your numbers becuase they are interesting - 20/07/2013 03:25:31 PM 465 Views
SYG really only introduces one new thing to self defense assertions, civil immunity. - 19/07/2013 04:07:16 PM 571 Views
I'm pretty sure bypassing a SYG hearing leaves you open to civil suit, and that's probably proper - 19/07/2013 06:51:38 PM 554 Views
My understanding is that they haven't forfeited the SYG option, just not used it yet. - 20/07/2013 04:03:19 AM 3836 Views
I really have no idea, I'm sure others much better qualified will research it - 20/07/2013 05:24:38 AM 454 Views

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