Monday, July 15, 2013

"THE POSSIBLE LEGAL HURDLES THAT FACE GEORGE ZIMMERMAN OUTSIDE FLORIDA"

(i)Double Jeopardy Clause. According to the online encyclopedia, the Wikipedia, the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution provides: "[N]or shall any person be subject for the same offense to be twice put in jeopardy of life or limb . . . ." The four essential protections included are prohibitions against, for the same offense:
  • retrial after an acquittal;
  • retrial after a conviction;
  • retrial after certain mistrials; and
  • multiple punishment.
George Zimmerman jury's acquittal from the two criminal charges of the second degree murder and the manslaughter agree directly and totally with the legal doctrine of the double jeopardy. This means that no criminal charges of a second degree murder and of a manslaughter can ever be brought again and against George Zimmerman in the murder of Trayvon Martin in this life and before the America's criminal justice system.

(ii). Civil Charges and Lawsuit. Wikipedia defines "wrongful death" as a claim in common law jurisdictions against a person who can be held liable for a death. The claim is brought in a civil action, usually by close relatives, as enumerated by statute. Legal evidences collected by the Sanford police department and the state of Florida's prosecutors showed clearly that George Zimmerman shot and killed Trayvon Martin. The family of the late Trayvon Martin can sue George Zimmerman in the federal court for a wrongful death of their son.

(iii). Federal Hate Crime/Civil Rights Violation Charges. These possible legal investigation will have to be reopened again by those experienced justice department lawyers alongside with the FBI agents to determine whether hate crimes or civil rights violations were demonstrated by George Zimmerman in the killing of Trayvon Martin. The justice department investigators will have to go through all the evidences that are related to this case directly in order to determine the legal ground for these charges or not. The case of the late Rodney King is a legal precedence of federal charges been filed against the same police officers that were earlier acquitted by the state jury in Los Angeles. The Federal Hate Crime Law requires that racial hatred must be proved to be the major factor that led George Zimmerman to the murder of Trayvon Martin.

In conclusion, the legal hurdles that are ahead of George Zimmerman are very real. For now, George Zimmerman may have escaped the criminal liabilities of his crime of murder under the protection of the Florida's Stand Your Ground Law, but his legal troubles may just be beginning for many years to come in the federal court with legal jurisdiction outside the state of Florida where George Zimmerman is a free man in the eyes of that state gun and self defense laws.

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