This is the dominant public occurrence in America this week. President Obama commented on the case yesterday. The (1) legally relevant (2) facts (3) as they are known to me (4) at the time this is written (5) in my personal and legal opinion, are:
1. Trayvon Martin was killed by a single gunshot to the chest by George Zimmerman.
2. Trayvon Martin was unarmed.
3. George Zimmerman shot Trayvon Martin during a physical altercation.
4. George Zimmerman received some injury in the physical altercation with Trayvon Martin.
5. George Zimmerman told responding police officers that he shot Trayvon Martin in self-defense.
6. George Zimmerman was 28 years old, Trayvon Martin 17; George Zimmerman outweighed Trayvon Martin by approximately 100 pounds. Trayvon Martin played football.
It is not clear to me that investigators have concluded who uttered the exclamation "Help!" before the gunshot was heard, which would be relevant.
I am not sure of the legal relevance of the facts as to how George Zimmerman's attention came to be on Trayvon Martin before they became engaged in a physical altercation, nor of George Zimmerman's 911 communication with police before the physical altercation, nor of the legality of his possession of the firearm. President Obama's comment, "If I had a son he'd look like Trayvon," was legally irrelevant, unhelpful to fact-finding, and prejudicial to the fairness of the investigation.
In my opinion, the most important parts of the laws that would apply to this case are the following:
"In deciding whether George Zimmerman was justified in the use of deadly force, you must judge him by the circumstances by which he was surrounded at the time the force was used. The danger facing George Zimmerman need not have been actual; however, to justify the use of deadly force, the appearance of danger must have been so real that a reasonably cautious and prudent person under the same circumstances would have believed that the danger could be avoided only through the use of that force. Based upon appearances, George Zimmerman must have actually believed that the danger was real."
"If George Zimmerman was not engaged in an unlawful activity and was attacked in any place where he had a right to be, he had no duty to retreat and had the right to stand his ground and meet force with force, including deadly force, if he reasonably believed that it was necessary to do so to prevent death or great bodily harm to himself or to prevent the commission of a forcible felony."
"In considering the issue of self-defense, you may take into account the relative physical abilities and capacities of George Zimmerman and Trayvon Martin."
"If in your consideration of the issue of self-defense you have a reasonable doubt on the question of whether George Zimmerman was justified in the use of deadly force, you should find George Zimmerman not guilty."
"However, if from the evidence you are convinced that George Zimmerman was not justified in the use of deadly force, you should find him guilty if all the elements of the charge have been proved."
"Your verdict should not be influenced by feelings of prejudice, bias, or sympathy."
1. Trayvon Martin was killed by a single gunshot to the chest by George Zimmerman.
2. Trayvon Martin was unarmed.
3. George Zimmerman shot Trayvon Martin during a physical altercation.
4. George Zimmerman received some injury in the physical altercation with Trayvon Martin.
5. George Zimmerman told responding police officers that he shot Trayvon Martin in self-defense.
6. George Zimmerman was 28 years old, Trayvon Martin 17; George Zimmerman outweighed Trayvon Martin by approximately 100 pounds. Trayvon Martin played football.
It is not clear to me that investigators have concluded who uttered the exclamation "Help!" before the gunshot was heard, which would be relevant.
I am not sure of the legal relevance of the facts as to how George Zimmerman's attention came to be on Trayvon Martin before they became engaged in a physical altercation, nor of George Zimmerman's 911 communication with police before the physical altercation, nor of the legality of his possession of the firearm. President Obama's comment, "If I had a son he'd look like Trayvon," was legally irrelevant, unhelpful to fact-finding, and prejudicial to the fairness of the investigation.
In my opinion, the most important parts of the laws that would apply to this case are the following:
"In deciding whether George Zimmerman was justified in the use of deadly force, you must judge him by the circumstances by which he was surrounded at the time the force was used. The danger facing George Zimmerman need not have been actual; however, to justify the use of deadly force, the appearance of danger must have been so real that a reasonably cautious and prudent person under the same circumstances would have believed that the danger could be avoided only through the use of that force. Based upon appearances, George Zimmerman must have actually believed that the danger was real."
"If George Zimmerman was not engaged in an unlawful activity and was attacked in any place where he had a right to be, he had no duty to retreat and had the right to stand his ground and meet force with force, including deadly force, if he reasonably believed that it was necessary to do so to prevent death or great bodily harm to himself or to prevent the commission of a forcible felony."
"In considering the issue of self-defense, you may take into account the relative physical abilities and capacities of George Zimmerman and Trayvon Martin."
"If in your consideration of the issue of self-defense you have a reasonable doubt on the question of whether George Zimmerman was justified in the use of deadly force, you should find George Zimmerman not guilty."
"However, if from the evidence you are convinced that George Zimmerman was not justified in the use of deadly force, you should find him guilty if all the elements of the charge have been proved."
"Your verdict should not be influenced by feelings of prejudice, bias, or sympathy."
