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[开心一刻] 五洲震荡,洪水滔滔 [复制链接] (9270/83106)

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 楼主| 发表于 2013-7-1 12:38 | 显示全部楼层
martin几乎要杀死zimmerman,所以Z开枪打死M,应该算是正当防卫
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 楼主| 发表于 2013-7-1 12:39 | 显示全部楼层
Prosecution's account of events
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 楼主| 发表于 2013-7-1 12:39 | 显示全部楼层
The prosecution's account is largely contained in the affidavit of probable cause filed on April 11, 2012 in support of second-degree murder charges against Zimmerman. A conviction of second-degree murder could result in Zimmerman receiving a prison term of 25 years to life.[1] The affidavit states that it does not contain a complete recitation of facts, but presents only the facts to support probable cause for second-degree murder charges. Judge Mark Herr ruled that the affidavit was legally sufficient to establish probable cause.[212] The affidavit describes what investigators allege took place between Zimmerman and Martin on the night of the shooting.[8][29][213][214]
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 楼主| 发表于 2013-7-1 12:39 | 显示全部楼层
The affidavit states that Martin was walking back from a nearby 7-Eleven store to the townhouse where he was temporarily living when Zimmerman profiled Martin, who was unarmed and not committing a crime.[8][29] Prosecutors stated that Zimmerman was driving in his vehicle when he observed Martin and assumed he was a criminal.[8] Feeling that Martin did not belong in the gated community where Zimmerman lived, he called the police to request for an officer to respond, because he perceived Martin was acting suspicious.[8][29] Investigators said the dispatcher told Zimmerman an officer was on the way and to wait for him.[8][29] In the call, Zimmerman made reference to people he felt had gotten away with break-ins in the neighborhood, and while talking about Martin, stated "these assholes, they always get away" and also said "these fucking punks".[8][29][214]
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 楼主| 发表于 2013-7-1 12:39 | 显示全部楼层
According to investigators, while Zimmerman was speaking with police, Martin was on the phone with a friend and described to her what was happening. She said that Martin was scared because he was being followed by an unknown male and didn't know why.[8][214] Investigators said that Martin attempted to run home, but Zimmerman followed him, because he didn't want Martin whom he falsely assumed was going to commit a crime, to get away before the police arrived.[8][213] When the police dispatcher realized Zimmerman was pursuing Martin, he instructed Zimmerman not to do that and told him an officer would meet him.[29] Prosecutors stated that Zimmerman ignored the dispatcher's instruction and continued pursuing Martin on foot.[212] Investigators said Zimmerman then confronted Martin and a struggle ensued.[8][29]
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 楼主| 发表于 2013-7-1 12:40 | 显示全部楼层
The affidavit describes witness accounts of hearing people arguing, what sounded like a struggle, and yells for help that were recorded in the 9-1-1 calls to police.[8] According to prosecutors, Martin's mother reviewed the 9-1-1 calls to police and identified the voice crying for help as her son.[29][215] (See Background sounds of yelling for help in 9-1-1 calls) When police arrived at the scene, Zimmerman admitted to shooting Martin in the chest.[8][29] An assistant medical examiner conducted an autopsy and determined that Martin had died from the gunshot.[8][29]
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 楼主| 发表于 2013-7-1 12:40 | 显示全部楼层
Legal analysts have criticized the prosecution for over-charging Zimmerman, claiming that the probable cause affidavit does not support a charge of second-degree murder.[216][217] Harvard Law Professor Alan Dershowitz claims that the probable cause affidavit may be perjurious if Special Prosecutor Angela Corey knowingly omitted facts favorable to Zimmerman's self defense claims.[216]
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 楼主| 发表于 2013-7-1 12:41 | 显示全部楼层
Richard Kuritz, a former prosecutor who worked with Angela Corey, said the state attorney had no obligation to include exculpatory evidence in the affidavit. He stated that Dershowitz could face civil action for making accusations that Corey committed a crime. "To suggest that she's committing any crime, Dershowitz is way off on that", Kuritz said.[218]
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 楼主| 发表于 2013-7-1 21:33 | 显示全部楼层
继续研究zimmerman案子
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 楼主| 发表于 2013-7-1 21:35 | 显示全部楼层
有人在打电话报警时,正好有呼救的声音。Z家人说是Z呼救的,M家人说是M呼救的。这需要技术鉴定
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