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alcibiades_mystery

(36,437 posts)
40. Charge and arrest are identical in this case
Sat Apr 7, 2012, 02:58 PM
Apr 2012

As they are in many cases. In some cases, of course, the suspect is arrested, then the DA decides the charges based on a review of the evidence. So, somebody arrested for hitting another person in the police officers view can be charged with many things, but the arrest decision had already been made. In other cases, whether to charge at all is a condition precedent to any arrest, as it appears to have been in this case. For instance, determining whether a charge of fraud can be sustained will often come before a decision to arrest a suspect: the charge is a condition for the arrest (note: the officer(s) condicting the fraud investigation don't get to decide whether to arrest or charge in such cases). In such cases, the decision to charge and the decision to arrest are in essence the same decision. That was the case here. So responding that the detective was "overruled" in an arrest decision doesn't really make a difference. The arrest decision is the charging decision in this case, and vice versa. The point stands.

Doesn't this go all the way up to States attorney? A lot of people carrers etc are on the line uponit7771 Apr 2012 #1
Which probably explains why Zimmerman is still free. Junkdrawer Apr 2012 #3
My understanding is that the state is investigating. amandabeech Apr 2012 #32
This message was self-deleted by its author Tesha Apr 2012 #2
And the worst of it, is that Chief Bill Lee will be commended for following orders. Baitball Blogger Apr 2012 #17
No, the most important question that's being ignored is intheflow Apr 2012 #4
Best summary I've read in a while. CBHagman Apr 2012 #7
Zimmerman having a gun on him may be irrelevent. Kaleva Apr 2012 #12
"Both men can't claim self defense. One was the aggressor in the final confrontation" PotatoChip Apr 2012 #19
Zimmerman having a gun on him IRRELEVANT? mainer Apr 2012 #20
What law did Zimmerman break by having a gun on him? Kaleva Apr 2012 #24
Oh, you`re really stretching. Flying Squirrel Apr 2012 #45
It is not the size of the dog in the fight ... spin Apr 2012 #55
I agree with what you say. SYG, IMO, is the problem here. Kaleva Apr 2012 #56
What IS relevant are the forty second of screams for hep before the gunshot csziggy Apr 2012 #47
The way the stand your ground rule is written, it specifically Baitball Blogger Apr 2012 #18
But both can't claim self defense. One was the aggressor. Kaleva Apr 2012 #26
The man wearing the gun lost his right to SYG when he became the aggressor. Baitball Blogger Apr 2012 #30
The first blow? What does that have to do with anything? Liber-AL Apr 2012 #50
Unfortunately, Zimmerman's behavior sylvi Apr 2012 #23
Yes, repeatedly is the key. amandabeech Apr 2012 #33
The beauty of the word (repeatedly) and the beast of the definition: Liber-AL Apr 2012 #51
Except that question doesn't get to the other cases of similar behavior EFerrari Apr 2012 #25
But Zimmerman was not involved in those earlier instances and those didn't involve Martin. amandabeech Apr 2012 #34
Exactly. The earlier cases didn't involve Zimmerman or his family (that we know of) EFerrari Apr 2012 #35
I agree that the DOJ should investigate the Sanford PD and the prosecutor's office. amandabeech Apr 2012 #53
If Zimmerman confronted Martin in an aggressive manner ... spin Apr 2012 #52
That's a question..... citizen blues Apr 2012 #5
The fact that you don't know why by now is a sad indictment on the media's duty to inform... dkf Apr 2012 #6
The "ticking clock" part is true. It's the "collecting evidence" part... JHB Apr 2012 #14
Witness spoke on CNN again yesterday: Police turned away info pinboy3niner Apr 2012 #22
but how many weeks has it been 6, 7, 8 ThomThom Apr 2012 #15
That's just not credible: Junkdrawer Apr 2012 #39
Vee vere just following orders behrstar Apr 2012 #8
Wolfinger and Lee nadeltanz Apr 2012 #9
Florida has a "Right to a speedy trial" law Kaleva Apr 2012 #10
Despite what you may believe, homicide detectives do not make ultimate charging decisions alcibiades_mystery Apr 2012 #11
The homicide detective was overruled on the ARREST decision: Junkdrawer Apr 2012 #28
Charge and arrest are identical in this case alcibiades_mystery Apr 2012 #40
Why was the homicide detective prevented from re-examining the suspect? Junkdrawer Apr 2012 #41
Now THAT *is* unusual alcibiades_mystery Apr 2012 #46
Since Zimmerman was handcuffed and taken to police station . . . janet118 Apr 2012 #13
I read that the Sanford police took the gun into evidence, amandabeech Apr 2012 #36
Good . . . I hope that they did a competent job collecting the rest of the evidence janet118 Apr 2012 #57
I still think that second degree is going to be difficult to prove beyond a reasonable doubt. amandabeech Apr 2012 #58
We're so way ahead of you. Baitball Blogger Apr 2012 #16
The corruption in the Sanford system doesn't begin with EFerrari Apr 2012 #27
It's not just Sanford. Baitball Blogger Apr 2012 #29
That's right. Who knows what other problems have been enabled EFerrari Apr 2012 #31
In the beginning WE discussed it, and some of the media discussed it. But now.. Junkdrawer Apr 2012 #37
I feel like I've been waiting for fifteen years to see authority figures in this county held Baitball Blogger Apr 2012 #38
why are you defending the police? bart95 Apr 2012 #21
It was asked early on nadinbrzezinski Apr 2012 #42
All just business-as-usual dontcha know... Junkdrawer Apr 2012 #43
Local politics is the protection of a power structure nadinbrzezinski Apr 2012 #44
Zimmerman's first defense attorney, Craig Sonner, was a prosecutor under Wolfinger csziggy Apr 2012 #48
This interview I found disturbing because of what is said near the very end... EmeraldCityGrl Apr 2012 #49
Dontcha know? They need more than 175 days to develop all the evidence... Junkdrawer Apr 2012 #54
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