Alan M. Dershowitz armchair quarterbacks Zimmerman case: "may be indicted, then acquitted"

[Amerigo Vespucci]

Prosecutor's quandary: Zimmerman may be indicted, then acquitted
By Alan M. Dershowitz , Special to CNN
updated 4:41 PM EDT, Tue April 10, 2012

http://www.cnn.com/2012/04/10/opinion/dershowitz-trayvon-prosecutor-nightmare/index.html



(CNN) -- On the basis of the evidence currently in the public record, one likely outcome of the case against George Zimmerman is a mixed one: There may be sufficient evidence for a reasonable prosecutor to indict him for manslaughter, but there may also be doubt sufficient for a reasonable jury to acquit him.

Any such predictions should be accepted with an abundance of caution, however, because the evidence known to the special prosecutor, but not to the public, may paint a different picture. It may be stronger or weaker.

Media reports suggest that police found Zimmerman with grass stains on the back of his shirt, bloody bruises on the back of his head and other indicia that may support his contention that Trayvon Martin was banging his head against the ground when Zimmerman shot him.

We don't know what Martin's body or clothing show, other than the fatal bullet wound. If there are no comparable bruises or grass stains and if the bullet wound and powder residue establish that the gun was fired at very close range, this too might support a claim of self-defense.

[Schema Thing]

1. of course it would have been helpful to have evidence collected

at the crime scene.

you know, like what you'd expect to happen when a crime scene is treated like a crime scene instead of an inconvenience.

[okieinpain]

16. i agree one hundred percent. n/t.

[Purveyor]

2. This is what I'm afraid of too. eom

[Amerigo Vespucci]

3. City of Sanford scores a "surface win" with that scenario

1). Special Prosecutor "serves justice" by bringing charges against Zimmerman so that he can stand trial

2). Zimmerman goes through the legal system, receives a "fair trial," which includes a jury decision.

3). Trayvon's parents have already gone on record a number of times saying that they only want justice, which includes a trial, and that they will accept whatever decision is delivered by the jury.

Of course, none of that will wash in the "court of public opinion."

The Zimmerman supporters think that Trayvon "had it coming" and the Martin supporters want Zimmerman behind bars. There will be a backlash no matter what happens. There's also the small detail of Zimmerman being "unavailable" if the Special Prosecutor DOES file charges. No one's going to go to Peru to bring him back, you know?

[no_hypocrisy]

4. Acquittal applies to criminal law.

No reason why Martin's parents can't seek justice via civil litigation such as wrongful death with punitive damages.

[former9thward]

6. The Stand Your Ground law would prevent civil litigation against Zimmerman.

Also no attorney, other than a publicity seeker, would file suit against a defendant that has no real assets.

[no_hypocrisy]

9. Beg to differ.

The Stand Your Ground Law may have influence but it wouldn't necessarily prevent civil action.

The standard is that a defendant has caused the "wrongful death" of a plaintiff. To escape liability, the defendant would have to prove by a preponderance of the evidence that the death wasn't wrongful. And there's the rub. Zimmerman would have to prove that he had to kill Trayvon Martin, not just incapacitate him via maiming or wounding.

[former9thward]

10. No the SYG law specifically prohibits civil litigation.

Section 776.032 makes a user of justifiable force immune from criminal prosecution and civil action, and defines “criminal prosecution” to include arrests, detention and even charging the defendant. Further it goes on to state that law enforcement may not arrest the person for using force unless it determines there was probable cause that the force that was used was unlawful.

http://townsendlockett.com/2012/03/29/trayvon-martin-and-a-look-at-stand-your-ground/

[DemocratSinceBirth]

11. That's A Jury Question Whether SVG Applies In The Current Instance.

[no_hypocrisy]

12. Wow, I stand corrected. I honestly didn't know that.

Wonder if it's constitutional.

[no_hypocrisy]

15. That would mean that Zimmerman would be immune to a wrongful death suit but not the homeowners'

association as per the insurance industry.

http://www.insurancejournal.com/news/southeast/2012/04/10/242737.htm

[wpelb]

17. Some people hate HOAs

They'll be glad to see them get taken to the cleaners even if they think Zimmerman is innocent.

[Amerigo Vespucci]

8. I've seen a couple of stories floating the "this could be another OJ trial" possibility

You're right. The only limits are the family's legal resources. If Zimmerman is acquitted, I don't think they'll have any problems finding support to pursue wrongful death charges.

[Solomon]

5. Dershowitz is a pompass ass. Full of himself.

[cali]

7. Sure, but he knows criminal law.

[Solomon]

13. No different than anyone else who knows it.

He's hoping.

[JDPriestly]

14. I disagree about the shooting at close range, but even though I think

a trial is definitely needed, I think there is a 50/50 chance of conviction/acquittal on what we know.

But there should be a trial. Otherwise you send the wrong message to other Zimmermans.

Think -- had Zimmerman left his gun at home, in my opinion, he probably would have waited for the police near the entrance of the development or followed Trayvon at a discrete distance. Either way, his caution would have saved Trayvon's life and prevented Zimmerman's current problems.

Had Zimmerman not carried a gun Trayvon still would not have stolen anything or done anything wrong -- but neither would Zimmerman.

Not carrying a gun would have been a win/win proposition for all concerned. Remember this, gun-lovers, please.

A gun is not a condom. If a condom breaks, you still have alternatives. If a gun shoots it's target, even accidentally, the result can be deadly.

Whether carry laws are smart or not, carrying can be pretty stupid. And Stand Your Ground is useless. It makes fools think they are home free when they aren't.

Knowing you have a gun may affect your judgment in a negative way. Even if you have the right to carry, you are a fool to do so if you do it in public places like Zimmerman did.

[wpelb]

18. It looks like the "armchair quarterback" called it right

Dershowitz may have pegged this one pretty well even without seeing the evidence (or lack thereof, as the case may be) that the prosecution had.