Trayvon Martin Civil Suit

Discussion in 'The Howard Stern Show' started by gd9tsd9tas9sa9, Aug 7, 2013.

  1. gd9tsd9tas9sa9

    gd9tsd9tas9sa9 New Member Banned User

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    Will the Martins sue to recoup some coin . For the justified shooting of their son

    I think the Martins would not have a case.

    And the simple truth as to what a great son and community member will not be blocked it will all come out in the civil case (this ain't no ron goldman deal)

    Unless they get a pro bono or contingency lawyer I think they will let lieing dogs lie
     
  2. R.P. McMurphy

    R.P. McMurphy Well-Known Member

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    ...no lawful reason to sue. gz was acquitted and the law protects his use of justifiable force.
     
  3. harlock

    harlock ancora imparo Gold

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    they have different rules regarding what evidence can be used in a civil case don't they?
     
  4. R.P. McMurphy

    R.P. McMurphy Well-Known Member

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    ...burden of proof is much lower but the acquittal protects him from a wrongful death suit.
     
  5. ClumpyStern

    ClumpyStern HSS-clean since Dec 2011 VIP

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    Right.

    Wrong.

    Those two statements totally contradict one another. Acquittal in criminal trial has absolutely no effect on the outcome of a civil trial because of the difference in burden of proof. That's why OJ was found liable for wrongful death...and that's why it's annoying as fuck to hear people say he "allegedly" killed her...he killed her...it was adjudicated and proven in court...in civil court.

    Also not true. There is no crime for initiating the confrontation for idiotic reasons, as long as you don't actually intend to assault or kill someone. Justifiable use of force in self-defense absolves him of criminal responsibility. But in a civil wrongful death claim, he can lose for initiating the confrontation in the first place depending on the situation, regardless of whether or not he was guilty of any criminal act in killing him.

    OTOH, I don't think they have a chance of convicting him in federal criminal court and it pisses me off when I hear people use the example of cops who get convicted of civil rights violations for racially-biased conduct (other than actually assaulting or killing someone). The applicable civil rights law pertains to non-violent civil rights violations by someone acting under color of law or gov't authority (i.e. cops & gov agents). In that respect, the state verdict is relevant because they'd have to prove that he actually meant to or chose to cause TM harm because of racial animus...and it's already pretty much established that he shot him just because he's a loudmouth pussy idiot with major issues who (literally) couldn't fight to save his life. Ain't no federal law against that, either.
     
    Last edited: Aug 7, 2013
  6. telecaster

    telecaster Get Yer Ya Ya's Out

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    The family made some dough from those T-Shirts and Travon memorabilia. I think early on they had their lawyers cease and desist on a couple of different people who were selling Travon shirts, hats and hoodies...can't blame them on that one, if people were making cash with a picture of my dead son, I'd want those people to knock that shit off as well.
     
  7. R.P. McMurphy

    R.P. McMurphy Well-Known Member

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    ...im too lazy to look it up for you right now but gz is protected from a wrongful death suit based on florida statue.
     
  8. racerx

    racerx New Member

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    i think anyone can sue anyone
     
  9. newcastlefan

    newcastlefan גֵּרְשֹׁם VIP

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    OJ was acquitted, and he was sued.
     
  10. HooHoo

    HooHoo Well-Known Member

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    I think the family made enough bread hocking keychains and coffee mugs. time to let it go
     
  11. Mlaw

    Mlaw Quite Contrarian Gold

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    they already settled with the HOA
     
  12. HowardsNeckFlap

    HowardsNeckFlap New Member Banned User

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    I hope they win. fuck zimmerman
     
  13. harlock

    harlock ancora imparo Gold

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    it sure seems that way
     
  14. R.P. McMurphy

    R.P. McMurphy Well-Known Member

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    ...sure and you can also lose and have to pay zimmermans attorney fees.
    ...oj wasn't protected by florida laws.
    Chapter 776: JUSTIFIABLE USE OF FORCE
    776.032 Immunity from criminal prosecution and civil action for justifiable use of force.
    (1) A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer, as defined in s. 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, the term “criminal prosecution” includes arresting, detaining in custody, and charging or prosecuting the defendant.
    (2) A law enforcement agency may use standard procedures for investigating the use of force as described in subsection (1), but the agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful.
    (3) The court shall award reasonable attorney’s fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (1).
     
  15. HowardsNeckFlap

    HowardsNeckFlap New Member Banned User

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    if someone picked a fight with my son, then killed him because he was kicking their ass, hell yeah i'd sue.
     
  16. harlock

    harlock ancora imparo Gold

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    :hw: i almost miss you
     
  17. newcastlefan

    newcastlefan גֵּרְשֹׁם VIP

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    don't think that's exactly accurate because "proof" is not determined by a court, criminal or civil.. only culpability is decided in court. no where is the issue of "proof" involved.

    nowhere was OJ proven to have killed anyone. he was decided to be culpable in the deaths. the difference is ultimately significant because there is still no conclusive proof.
     
  18. HowardsNeckFlap

    HowardsNeckFlap New Member Banned User

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    zimmerman is a huge pussy using a gun in a fight he started
     
  19. newcastlefan

    newcastlefan גֵּרְשֹׁם VIP

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    they don't have to sue him in florida, nor do they have to sue him for justifiable use of force. they can sue him in federal court for wrongful death, denial of civil rights, and a host of other claims. florida laws only have jurisdiction in florida,
     
  20. newcastlefan

    newcastlefan גֵּרְשֹׁם VIP

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    i don't think anyone is denying that, well no one intelligent.