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Similitude
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   Posted 4/11/2012 8:13 PM (GMT -6)    Quote This PostAlert An Admin About This Post.
Well, I'm not defending whatever hypocrisy is out there. But in a sense, withholding judgment kinda IS doing a presumption of LEGAL innocence. Zimmerman could be completely guilty, morally, and still be held legally innocent. That's WHY we need to be unprovocative. This is what needs to be taught. This macho/testerone competition will play out poorly given the limits of the effectiveness of the laws. But is anyone even saying this? Politicians are predictably quiet. They fear to speak up for fear of losing a vote. It's disgusting. But this is a republic form of government with modern mass media.


 

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BBBCanada
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   Posted 4/11/2012 8:34 PM (GMT -6)    Quote This PostAlert An Admin About This Post.
Jeff, I'm essentially saying EVERYONE has an opinion on guilt and innocence. Even radio talk show hosts who tell us to withold judgment in, for pete's sake, the public arena. Again, imagine a scenario in which we find Zimmerman not guilty--legally. Do you think that is gonna settle public opinion? Even if we could find him morally not guilty, do you think that some folk are not gonna say, "@#&$ naw....guilty!" Not everyone is going to be satisfied.


Brandon
Since love grows within you, so beauty grows. For love is the beauty of the soul.--Saint Augustine

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Similitude
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   Posted 4/12/2012 6:06 AM (GMT -6)    Quote This PostAlert An Admin About This Post.
I agree that people are within their rights to make an inference from the information they have. But I also think the press creates a lot of needless angst by encouraging the likes of Sharpton to intimidate courts. This is what sends the Limbaugh's and Hannity's into orbit. They KNOW how they would be treated by the press (and probably the law) if a bunch of white guys did the same thing. This is the hypocrisy that is SO astonishing to people. Chanting "no justice, no peace" in a context where it implies the proper outcome of a trial is already known PRIOR to a trial IS a form of obstruction of justice. Because it's a bona-fide THREAT.
 
So, yeah, the right-wing media over-responds, but the mainstream press virtually instigates riot and mayhem in the first place. I may be dead wrong, but I'm pretty sure they know that politicians (and, therefore, law-enforcement) are scared of the Jacksons and Sharptons of the world due to the national bullhorn provided to them. So the mainstream press exploits that TO THE HILT. 



 

Post Edited (Similitude) : 4/12/2012 6:45:20 AM (GMT-5)

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Tom
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   Posted 4/12/2012 9:24 AM (GMT -6)    Quote This PostAlert An Admin About This Post.
Brandon: Tommy. You read me wrong. I said, "All these talks show hosts that are telling us to withold judgment..."

Tom: I recommended withholding judgment too. That's the right thing to do. And under the law, it's the just thing to do.

Brandon: I didn't say all talk show hosts are telling us to withold judgment. Yet, in saying that, these are the same ones who are not only presuming innocence on one party but presuming guilt on the otjer party.

Tom: To withhold judgment, under the law, is to presumme innocence, yes. We ARE presummed innocnent until PROVEN guilty in a court of law.

If they're arguing we should presumme Zimmerman's innocence but presumme Tray's guilt while withholding all judgment, then they're idiots. But I can hardly believe anybody is actually arguing that.

Brandon: But we don't know if Zimmerman is innocent...

Tom: We're to presumme innocence until proof of guilt is established in court. Same with Tray. Just w-i-t-h-h-o-l-d it. It's possible. I'm doing it. So can ya'll.

What is so difficult about this?

Tom


"The aesthetic value the world has for God is in expressing, not constituting, the aesthetic value God eternally finds within Godself." Greg Boyd

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BBBCanada
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   Posted 4/12/2012 5:19 PM (GMT -6)    Quote This PostAlert An Admin About This Post.
Tom: I recommended withholding judgment too. That's the right thing to do. And under the law, it's the just thing to do.

Brandon: Tom I'm not under the law wherein I can't lean one way or not have an opinion. That is, I'm not legally bound to withhold judgment. And that's the thing. I LEAN in a certain direction and if THAT is judgment then I guess I'm guilty of judging someone. But that's the thing, for one to say they don't lean in one direction or another seems almost impossible to me.

Tom: To withhold judgment, under the law, is to presumme innocence, yes. We ARE presummed innocnent until PROVEN guilty in a court of law.

Brandon: Right. In a court of law. We are not in a court. We are in the court of public opinion. Different set of rules here. Because we know about as much as anyone we are free to make these judgments. What I hear are certain talk show host who will tell us to withhold judgment but at the end of the day, one party is made to look worse than the other party. So much so that someone asked Hannity something like, "I guess you'll change your opinion now?" (Why would they ask that unless that was really the direction Hannity was leaning in or at least that's the way it sounded to them?) And it is these guys whom have a lot of influence on public opinion.

Tom: If they're arguing we should presumme Zimmerman's innocence but presumme Tray's guilt while withholding all judgment, then they're idiots. But I can hardly believe anybody is actually arguing that.

Brandon: Well given that we are to presume innocence legally, then it seems they are saying something like that. What I'm saying is that what I hear is that at first it looked liked it was Zimmerman's fault. Then they said that there was an eye witness who said Trayvon was hovering over Zimmerman and was beating the crap out of him and Zimmerman needed to protect himself and shot him in the chest--as well as bring in all this nonsensical B.S. that has nothing to do with the case at hand--ie., Tayvon being in trouble at school or with the cops on previous occasions. If talk like that is not meant to steer your audience I don't know what is. But in all honesty, its like I'm listening to a fork tongue when listening to very popular radio talk show hosts so much so that it is like what is supposedly suppose to be a "balanced positon" looks more like, "Its really possible that Trayvon is guilty."

Tom: We're to presumme innocence until proof of guilt is established in court. Same with Tray. Just w-i-t-h-h-o-l-d it. It's possible. I'm doing it. So can ya'll.

What is so difficult about this?

Brandon: Because its very hard to believe outside of knowing ABSOLUTELY NOTHING about this case that you're a fence sitter. This is why the courts try to pick people who haven't been clued in. Otherwise they tarnish the justice that they hope to see happen.


Brandon
Since love grows within you, so beauty grows. For love is the beauty of the soul.--Saint Augustine

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Tom
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   Posted 4/13/2012 10:28 AM (GMT -6)    Quote This PostAlert An Admin About This Post.
Put me down as being a buffoon I guess, 'cause I have withheld judgment and recommended it to others.

It IS possible to choose not to conclude the guilt of innocence of anyone in such cases. You don't HAVE to participate in the court proceedings of public opinion. My question is: WHY are you participating? Do you NEED to have an opinion on anybody's guilt or innocence here? Are you DOING SOMETHING with that opinion? Serving somebody with it? No. What does your rendering a judgment do for you or anyone else? Is there MUCH needly damage done by fermenting conflict within public opinion? Yes. What's that buying us? Nothing but trouble.

Tom


"The aesthetic value the world has for God is in expressing, not constituting, the aesthetic value God eternally finds within Godself." Greg Boyd

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BBBCanada
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   Posted 4/13/2012 11:03 AM (GMT -6)    Quote This PostAlert An Admin About This Post.
Tommy. Couple of things.

1. When you are asked to be a juror. Do they actually tell you to withhold judgment or do they actually ask to to favor a judgment of SOME KIND. If they are asking you to presume innocence first and foremost then it seems they are asking you to render a personal judgment. Even if all the evidence upon first approaching it looks as if the party is guilty and your gut feeling tells you likewise. Either way, though, you are, it seems to me leaning in one direction. Its not as if you are COMPLETELY neutral. As far as I can see, some major influential talk shows are far from being neutral and tell the rest of us to do so.
2. What were your feelings concerning O.J. before he was convicted the first time? Were you completely neutral? Cause if you say you were, well, I find that hard to believe.


Brandon
Since love grows within you, so beauty grows. For love is the beauty of the soul.--Saint Augustine

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Tom
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   Posted 4/13/2012 11:40 AM (GMT -6)    Quote This PostAlert An Admin About This Post.
Funny. I suggest that I really can withhold judgment and folks find it hard to believe.

What's the world coming to?

I've never been asked to be a juror. But I THINK that if you demonstrate very much of an opinion regarding either the actual guilt or actual innocence of the defendent, you're disqualified. I've you've already made up your mind (or close to it), you're out. So courts TEND to look for people who do what I'm suggesting we all do--choose not to render judgment, actually choose to presumme innocence.

Presumming innocence in defference to due process isn't rendering judgment. It's withholding judgment.

I wasn't into the whole OJ thing. Anita watched the proceedings almost every day and followed other legal summaries of it. She was really fascinated by it. At the end, she said the evidence presented IN COURT (not shredded into pieces in the "court of public commotion";-) led her to believe he was guilty. Based on what she explained to me I'd agree, but I try to differentiate such qualified opinion from actually settling on a personal conviction.

I'm still at a loss, Brandon, as to WHY you (or anybody) NEEDS to form an conviction regarding anybody's guilt? Can you tell me...what does it help you DO? WHY do you require such convictions?

Tom


"The aesthetic value the world has for God is in expressing, not constituting, the aesthetic value God eternally finds within Godself." Greg Boyd

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One Love
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   Posted 4/13/2012 12:42 PM (GMT -6)    Quote This PostAlert An Admin About This Post.
I just wanted Zimmerman taken in so that justice can be done.

His being out was unacceptable.

He's in.

I'm happy.

Now it's up to the courts to decide.

What Are the Real Issues Now That George Zimmerman Has Been Arrested and Charged? Judge H. Lee Sarokin
Retired Federal Judge


Lord Jesus Christ, Son of God, have mercy on me, a sinner.

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One Love
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   Posted 4/13/2012 12:51 PM (GMT -6)    Quote This PostAlert An Admin About This Post.
http://phoebe53.wordpress.com/2012/03/26/zimmerman-911-call-transcript-trayvon-martin/

Listen to the supposedly racial part. What did YOU hear?


Lord Jesus Christ, Son of God, have mercy on me, a sinner.

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BBBCanada
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   Posted 4/13/2012 5:56 PM (GMT -6)    Quote This PostAlert An Admin About This Post.

Tom: Funny. I suggest that I really can withhold judgment and folks find it hard to believe.

What's the world coming to?

I've never been asked to be a juror. But I THINK that if you demonstrate very much of an opinion regarding either the actual guilt or actual innocence of the defendent, you're disqualified. I've you've already made up your mind (or close to it), you're out. So courts TEND to look for people who do what I'm suggesting we all do--choose not to render judgment, actually choose to presumme innocence.

Brandon: Which is the point. They’ve even said this. I just heard yesterday on Detroit news that it was going to be very hard to seek justice because of the nature of the case--its high profile. Most folk know about it and have already formed some opinion about it. Ideally if you could take a court case out of a particular geographical area, into another area where know one knows about it, then you stand a better chance at finding justice. But it is still a judgment to declare someone innocent before going to trial as this is the nature of justice. Which is OK. Unless you are living on an island, I really have to think that you would lean one way or another. Let me ask this. What happens BEFORE a verdict is in, but it looks like the party is innocent. The evidence is leaning one way--innocence. Then all of a sudden, new evidence is brought in which hands down makes the party guilty. Are you not LEANING in THAT direction prior to that last piece of evidence that declares the party guilty? Now, normally, things aren’t so cut and dry. Its not like one piece of evidence is going to come in and seal the deal. It seems that in most cases it will be that there is a weighing of the evidence and it will fall more to one side or the other--guilt or innocence. But the point still stands even in the process you are always forming and leaning in certain directions and it seems as neutrality or fence sitting is beyond us unless you are totally clueless about the case at hand.

Tom: Presumming innocence in defference to due process isn't rendering judgment. It's withholding judgment.

Brandon: I would say that unless you are living on an island somewhere out in the Pacific and know absolutely nothing about the case then you start forming opinions and lean in one direction or another. But to presume innocence is to make a judgment call until it can be shown that one is not innocent. The best people to do that are people who are not familiar with the case. 

Tom: I wasn't into the whole OJ thing. Anita watched the proceedings almost every day and followed other legal summaries of it. She was really fascinated by it. At the end, she said the evidence presented IN COURT (not shredded into pieces in the "court of public commotion" led her to believe he was guilty. Based on what she explained to me I'd agree, but I try to differentiate such qualified opinion from actually settling on a personal conviction.

Brandon: OK…that seems like avoidance of the question. I listened to the radio and watched the news as much as possible before it started becoming a ZOO. After the verdict I eventually bought Vincent Bugliosi’s book, “Outrage: The Five Reasons Why O.J. Simpson Got Away With Murder”

Considering that Bugliosi got convictions on 100 out of 101 cases including Charles Manson I considered him something of an expert in the field. You know what Bugliosi said? He said it was CLEAR from the GET GO that OJ was guilty based on the blood evidence ALONE and that anyone who thought differently had brains that were on the level of a tomato (seriously. Says that right in the beginning of the book). So if it took your wife to sit through the whole thing (for months on end) before being able to come up with her own presumption of guilt then I wonder about her IQ. Now I don’t mean that condescendingly. I’m sure Anita is on her game. The point is, is that it really didn’t take months to know about his guilt because we knew about the blood evidence very early on. In this case, OJ ended up being declared not guilty even though it was rather obvious before going to court that he was the culprit or had his dirty hands involved in his wife’s murder.

Tom: I'm still at a loss, Brandon, as to WHY you (or anybody) NEEDS to form an conviction regarding anybody's guilt? Can you tell me...what does it help you DO? WHY do you require such convictions?

Brandon: I’m saying that this is just the way things are. Do we just not talk about this? What are we to do? You tell me? What do you want me to do? Why should such hypocrites in the media make one party look innocent but the other guilty and tell us not to do that? It may be that it also speaks to questions of justice. Its not as if no one doesn’t want to get at the truth of the matter. What if it turns out that Zimmerman goes free but he himself knows that he acted rashly and killed Trayvon in murder of the second degree? Do we not ask questions about justice. about just laws? about the importance of extended things like public opinion? about race that seems to have at least one large segment of the population simmering in knots about injustice towards them?

And that’s the thing. D says that all he wanted was the guy to be arrested. But it seems to me D that you also presumed guilt concerning Zimmerman as well. Would you not say that ? At the end of the day, if Zimmerman is let go even though we all believe he’s guilty we simply have to accept the verdict. It seems to me that the process of seeking justice is more important than seeking revenge and undermining that process or that authority.

Let me ask you this. Do you think that Zimmerman who has been reported to have been sobbing in his jail cell when he first got arrested WISHED he had not acted in the way he did that fatal night that Trayvon was killed? Do you think that he feels that he truly believes he acted in self-defense or do you think that he is regretting for acting rashly and really didn’t expect that this, ALL OF THIS, was going to happen? Do you not think that he in hindsight is probably saying to himself, “If I knew what I know now, I would have said, ‘It isn’t worth it to go after Trayvon. I should have listen to the police.” Or do you think he’s sobbing because even though he knows he acted TOTALLY in self-defense he simply has an unfortunate future ahead of him. Because it seems that whatever way you come down on this question, you have some presumption of guilt or innocence.


Brandon
Since love grows within you, so beauty grows. For love is the beauty of the soul.--Saint Augustine

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Tom
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   Posted 4/13/2012 10:19 PM (GMT -6)    Quote This PostAlert An Admin About This Post.
I don't know what to tell ya, Bro. If you accept the givenness of judgment as it's served up to you in the court of public opinion, and how all that works, as just how you have to do you because that what it means to be human in this world...then go for it. It's not how I choose to do me.

Tom


"The aesthetic value the world has for God is in expressing, not constituting, the aesthetic value God eternally finds within Godself." Greg Boyd

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Similitude
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   Posted 4/14/2012 11:14 AM (GMT -6)    Quote This PostAlert An Admin About This Post.
B: Because it seems that whatever way you come down on this question, you have some presumption of guilt or innocence.
 
J:  I think "presumption" is the wrong word. We INFER guilt or innocence. These inferences can involve some degrees of doubt, because we can realize more data can actually change the way parsimony, etc applies to the data. So I say infer away at this time if you want. But we should always remember that the press is also biased. And there may be information the authorities have that just won't be disclosed for legal reasons until the trial. So Tom, knowing that he may not have all the data, can just feel better about now worrying about making an inference at this point since:
 
1) it very well could be erroneous, and
 
2) it doesn't make a bit of difference what he might infer at this time as to how justice plays out in this world.
 
Given the above, I have no problem seeing why he takes his own approach.


 

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BBBCanada
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   Posted 4/17/2012 10:05 PM (GMT -6)    Quote This PostAlert An Admin About This Post.
So when Zimmerman was standing in court last week did his nose look broken or had been broken to you?

www.cbc.ca/news/world/story/2012/03/29/trayvon-martin-george-zimmerman-police-video.html


Brandon
Since love grows within you, so beauty grows. For love is the beauty of the soul.--Saint Augustine

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BBBCanada
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   Posted 4/22/2012 2:55 PM (GMT -6)    Quote This PostAlert An Admin About This Post.
Another angle I didn't think of:  When "stand your ground" fails


Brandon
Since love grows within you, so beauty grows. For love is the beauty of the soul.--Saint Augustine

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BBBCanada
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   Posted 4/28/2012 11:33 AM (GMT -6)    Quote This PostAlert An Admin About This Post.
Though this has nothing to do with this particular case per se, I feel it is still appropriate to put up here.

www.windsorstar.com/touch/news/story.html?id=6520932

and

www.thestar.com/news/canada/article/1168154--police-who-lie-how-officers-thwart-justice-with-false-testimony

and a story that hits close to home with a detective's attempt at covering up his blunders:

www.cbc.ca/news/canada/windsor/story/2012/04/26/wdr-vanbuskirk-guilty-assault.html

same story but different account:

blogs.windsorstar.com/2012/04/26/windsor-police-detective-pleads/


Brandon
Since love grows within you, so beauty grows. For love is the beauty of the soul.--Saint Augustine

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