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Sunday, July 14, 2013

Florida Statutory Laws Prohibit Trayvon Martin Family Filing Civil Suit Against George Zimmerman; NAACP request DOJ Pursue Justice



Photo Credit - DailyMailco.uk
Picture of victim Trayvon Martin


Update - July 15, 2013 -- The highly Source Independent News Media Team at Democracy Now! latest post cited here has investigated the legal issues with Survivors of victim Trayvon Martin launching a Civil Tort Punitive action in Florida State Courts, due to Florida's "Stand Your Ground" Statutory Laws.

Independent Underground News & Talk thanks the Democracy Now! Media Organization for presenting factual information to members of the public regarding aftermath of George Zimmerman "not-guilty" verdict by a six member Seminole County, Florida Court. 


From Lisa Graves - executive director of the Center for Media and Democracy, and publisher of PRWatch.org and ALECExposed.org, 
in the Democracy Now! article
"Well, even though the defense in the Zimmerman case did not ask for the legal grant of immunity that that law would have potentially given him, the fact is that the NRA, through changing that law in Florida, through getting Stand Your Ground enacted in Florida in 2005, got the jury instructions changed.

And so, even though it’s popular wisdom to say that that law was not at issue in this case, in fact it was, because the exact instruction to the jury was that Zimmerman had "no duty to retreat" and had a "right to stand his ... ground and meet force with force, including deadly force." That’s a direct quote from the jury instructions. Those jury instructions incorporate the Stand Your Ground law. And so, I think that’s significant."
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Written Monica RW & Rhonda T.

A false perception exists across the United States Civil Tort Laws allow the victim or family victimized by an action which resulting in suffering, loss or harm to file legal action to seek at least, punitive justice.

California is one of States Civil Tort "Wrongly Death" actions can be pursued. On February 11, 1997, the family of victims Nicole Brown-Simpson and Ronald Goldman received a $35 million civil judgement against O.J. Simpson despite Simpson's not-guilty verdict in the criminal first degree murder case.



"Writing one of the final chapters in O. J. Simpson's long legal case, a civil court jury here ordered him today to pay a financially debilitating $25 million in punitive damages to the families of Nicole Brown Simpson and Ronald L. Goldman. 
The huge award constituted still another pointed contradiction of the much-disputed 1995 criminal court verdict that found Mr. Simpson not guilty of the double slaying that has gripped the nation with its uncomfortable questions about murder, wife battering, racism, celebrity and the quality of American justice."
O.J. Simpson shortly thereafter civil case verdict, moved to Florida. Owning a home and other property Florida law O.J. Simpson and Florida Statutory Law denied Brown-Simpson and Goldman families monetary collection of punitive damages awarded in the judgement against Simpson, out of the State of California.
"With daughter, Sydney, 18, and son Justin, 15, Simpson lives in a $575,000, three-bedroom, three-bath home with a pool. Under Florida law, it can't be seized to help cover the $33.5 million civil judgment that a California court ordered him to pay the survivors of his former wife, Nicole Brown Simpson, and her friend Ronald L. Goldman."
Sadly for Trayvon Martin's family, the decision by a jury of six Women not only allowed George Zimmerman to walk free from shooting and killing the 17-year old victim, but ironically Florida Statutory laws also protects Trayvon's killer from any civil damages. 


Photo Credit - Myfox8.com
George Zimmerman in a Seminole County Court, by
a jury of six Women was found not-guilty of tracking,
pursuing and ending the life of 17 Year-Old Trayvon Martin on July 13th.
Florida Crimes Sections 776.012, 776.031 and 776.032 defines no civil liability exist for a person who uses of force in defense of person, including themselves.
776.012 --- Use of force in defense of person.—A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful 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. 
776.031 Use of force in defense of others.—A person is justified in the use of force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to prevent or terminate the other’s trespass on, or other tortious or criminal interference with, either real property other than a dwelling or personal property, lawfully in his or her possession or in the possession of another who is a member of his or her immediate family or household or of a person whose property he or she has a legal duty to protect. However, the person is justified in the use of deadly force only if he or she reasonably believes that such force is necessary to prevent the imminent commission of a forcible felony. A person does not have a duty to retreat if the person is in a place where he or she has a right to be.
One of the remaining hopes for any justice for the Martin Family for the lost of Trayvon is a Federal Civil Rights Violation action, which the NAACP immediately called for after the July 13, 2013 verdict.
NAACP launched a petition to urging for The Federal Department of Justice Attorney General Eric Holder, under President Barack Obama administration, to pursue a civil rights case in what civil rights organization expressed as the lost of Trayvon Martin's life under a "egregious violation".

The Double Jeopardy Clause in the U.S. Constitution -5th Amendment does not preclude George Zimmerman from a Federal Civil Rights violation charge. Only the State of Florida would be prohibited against launching and charging Zimmerman with a Civil Rights related criminal action due to actions resulting in the death of Trayvon Martin.

"Double jeopardy protects defendants only for retrials brought within the original jurisdiction, which is why a defendant can be tried in federal court after being tried in state court. Double jeopardy does not prevent trial in a civil court on underlying facts that previously formed the basis of a criminal trial."
A statement by State Prosecutor Angela Corey after the verdict likely will be used as justification for the Federal Department of Justice to seek Federal statutory Civil Rights case for the lost of Trayvon Martin's life on February 26, 2012 in Sanford, FL.

"This case has never been about race, nor has it ever been about the right to bear arms," Corey said. "But Trayvon Martin was profiled. There is no doubt that he was profiled to be a criminal. And if race was one of the aspects in George Zimmerman's mind, then we believe that we put out the proof necessary to show that Zimmerman did profile Trayvon Martin."
Independent Underground News & Talk will continue to follow any updates in pursuit of Justice for the lost life of Trayvon Benjamin Martin.

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2 comments :

Monica RW said...

The snotty little "Do not copy" message is really dopey since it's quite easy to copy anything here. Don't worry, I got the Florida statute numbers from another site although I admire the cojones to claim it's copyrighted data.

Monica RW said...

Guess what? It's OUR site i.e. the DCMA warning at the top of the site. Don't know what DCMA means? Google it.

Next, as for the Statues, write the numbers down and look them up. Again, pretty simple.

Finally, the site stays as is. Any other questions, comments or concerns can be address via the contact us button to the right.

Have a great evening.

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