Dr Soledad Obrien

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doctor712 said:
Again, I'm not sure if you mean LEOs aren't REQUIRED to protect, or if it's not a large part of their mandate, or if they do it but aren't required by law?

The latter.

My intent isn't cop bashing - far from it. Certainly almost all of them feel they have a duty to protect the public, and they're good people doing a tough, often thankless job, mostly dealing with the dregs of society.

I get my fill (and then some) with that segment of the population doing "prison day" at the surgicenter, and those guys are unconscious for 90% of my interactions with them. (Though in fairness, most are on their best behavior, maybe so their field trip won't get cut short.)

However, it's interesting to me that courts have held that the police do not have a duty to prevent or intervene in crimes before they occur or as they are occurring. Then, considering response times, availability/delays due to other sinister goings-on they may be tied up with ... a prudent citizen might be best served by not counting on the police to keep them safe.

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The latter.

My intent isn't cop bashing - far from it. Certainly almost all of them feel they have a duty to protect the public, and they're good people doing a tough, often thankless job, mostly dealing with the dregs of society.

What's the only animal with an *sshole on the middle of it's back?

A police horse.
 
The latter.

My intent isn't cop bashing - far from it. Certainly almost all of them feel they have a duty to protect the public, and they're good people doing a tough, often thankless job, mostly dealing with the dregs of society.

I get my fill (and then some) with that segment of the population doing "prison day" at the surgicenter, and those guys are unconscious for 90% of my interactions with them. (Though in fairness, most are on their best behavior, maybe so their field trip won't get cut short.)

However, it's interesting to me that courts have held that the police do not have a duty to prevent or intervene in crimes before they occur or as they are occurring. Then, considering response times, availability/delays due to other sinister goings-on they may be tied up with ... a prudent citizen might be best served by not counting on the police to keep them safe.

No, I get that you aren't police bashing. I do think I have found some laws and statues that do require police officers/agents/peace officers to intervene if a crime is being committed in their presence. I have found this mostly in a search of US common law and state laws. As far as a requirement to PREVENT, as I said, I think courts are on LEOs side on this one, on purpose too, simply protecting a relatively tiny police force from being "required" to stop things before they happen. If that were the case, LEOs would be breaking the law every time they missed a law being broken, and that would just make for too many cops arresting cops. ;)

But I think I have found some stuff requiring cops to intervene. Have you found something aside from those two links you posted saying cops don't have to stop a crime in progress in their vicinity? Those cases don't say that.

ETA: For example, Calif. Penal Code: 11051. The Department of Justice shall perform duties in the
investigation, detection, apprehension, prosecution or suppression of
crimes
as may be assigned by the Attorney General in the performance
of his or her duties under Article V, Section 13 of the
Constitution.

From this, you will see shoot off's detailing when cops should act. There are sections of the Cal. Penal code for either "protection" or "prevention" (can't recall which). I've yet to find verbiage that says "A LEO must act if sees crime in progress." I cannot imagine with the Good Sam laws that LEOs aren't required to act (again I think it's part of common law for peace officers).

D712
 
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PGG,

Read the case you posted, and it actually clarifies something else. That is, discretion is always left up to the police to make an ARREST. So, they don't have to make the arrest - even when a warrant is out. (like in that case). However, it doesn't really say anything about having to act/or not, when a crime is in progress (to protect life). And I think that law is discoverable.

But I have one eye on the hockey games...

D712
 
Since the focus of this thread is shifting towards police and their roles, I'll interject one comment made to me by a colleague during a conversation a few years ago:

"When seconds count, the police are minutes away."

He wasn't bashing police officers, but rather making the point that I can't and shouldn't depend on anyone to protect me other than myself. Even if you put laws out there that said the police have a legal obligation to protect citizens, it is hard/impossible to argue with my colleague's point.

I'm staying out of any arguments/discussions regarding the Zimmerman/Martin case. I don't believe in judging someone based on news media reports, and especially when I wasn't there. Zimmerman has been charged and will be processed through the legal system. If he is to be judged, it should occur within the context of the justice system.

Good night.
 
Then, considering response times, availability/delays due to other sinister goings-on they may be tied up with ... a prudent citizen might be best served by not counting on the police to keep them safe.

Just saw this. You made the same point that my colleague did a few years ago.

I'm in agreement with you.
 
There is no double standard. Z did not give the justice department the opportunity to do their job. You previously stated "...When will the Treyvonites give it up and let the justice system do its job?" I found irony in that statement. However, I believe that Z deserves a fair trial. I am not a proponent of vigilante justice. "Extrajudicial remedy" is always the wrong answer.

I think we may be getting somewhere. So we both agree that Z deserves to be treated fairly under the laws of the State of Florida whether he is a cold blooded murderer or an angel? Whether he afforded that same opportunity to TM or not? Correct?

Do you understand that this means that if the preponderance of evidence available to police on the night of the incident supported Z's claim of self defense then an arrest was prohibited and the protestors that were screaming for an immediate arrest were wrong (not to mention those demanding even more extreme extra-judicial remedy)?

Now, I will ask again. Where is your proof that "Z did not give the justice department the opportunity to do their job?"

Let me paint two equally possible scenarios. Both are well and equally supported by the evidence that is available to the public. You tell me where the evidence is to tip the interpretation one direction or the other. I personally don't care if Z is guilty of murder or not, I only care about the truth and I want justice served, not some vigilante BS. (and yes, by that I mean if the court determines that Z hunted down and killed TM then, and only then, I believe he deserves the maximum penalty of the law).

#1 - The well published interpretation of the facts in the MSM as championed by the likes of Al Sharpton et al... An innocent child goes to the store to buy a bag of Skittles. On the way home he is scared by a larger man following him through the development and runs, to look for safety. Z gives chase while discussing the situation with the police department. He briefly breaks off the chase to conclude his conversation with the police after being told he does not need to follow the suspect. After hanging up from the police, he resumes his chase and runs down TM. A paranoid Z initiates a confrontation with TM who acts in self defense due to fear of the larger Z. Z, overcomes his adversary leading TM to call out repeatedly for help. For some reason, although he is clearly in control of the situation, is on top of TM, and is beating TM up, Z decides to finish it once and for all and shoots TM, killing him.

#2 - An alternative interpretation of the facts that is equally viable. TM, a young punk who was suspended from school and previously was found to have utensils for robbery and stolen goods in his possession, is in fact casing the neighborhood for potential targets (not a necessary part of this scenario, but still an interpretation that is valid and cannot be disproven from the facts we have available). His behavior raises the suspicion of Z, a rather paranoid community watch person who also happens to carry a CCW and has the permit to do so. TM, realizing that he has been discovered, places his hand in his waistband and moves threateningly toward Z's vehicle. He subsequently decides to give Z the slip, but circles back on Z. Initially Z makes a pursuit to maintain contact with TM in order to clearly point him out to the police, a legitimate, but potentially dumb thing to do. When he is informed by the police operator that "we don't need you to do that" Z accepts the reality that he no longer knows where the suspect is and he breaks off his pursuit in order to "give the justice department the opportunity to do their job" He completes his conversation with the operator and begins to return to his car. Before he can get there, he is jumped by TM who proceeds to beat him up. Z, being fearful for his life screams for help repeatedly as he is subdued by the stronger TM. Realizing that he is about to die, Z pulls his gun in self defense and kills TM.

Your statement indicate that you are convinced that #1 is true. Show me the evidence that this is the only legitimate interpretation of the evidence. There are many other potential interpretations of the evidence, however #1 is the only interpretation that is narrow enough to support your claim that "Z did not give the justice department the opportunity to do their job."

To pre-empt your complaint on number two, don't tell me that if he hadn't exited the vehicle in the first place, he wouldn't have been jumped by TM. That is no different than blaming a woman for being raped because she wore a mini skirt while walking down a dark street. Okay, maybe it wasn't the smartest thing to do, but it doesn't absolve the rapist of responsibility for his actions, or somehow make her guilty of some inviting rape crime. If she shoots and kills the attempted rapist, she would be well within her rights to do so and would not be guilty of murder.

So I ask again. Where is your evidence that the narrow interpretation #1 is in fact correct and all the others are false?



- pod
 
TM, a young punk who was suspended from school and previously was found to have utensils for robbery and stolen goods in his possession, is in fact casing the neighborhood for potential targets (not a necessary part of this scenario, but still an interpretation that is valid and cannot be disproven from the facts we have available). His behavior raises the suspicion of Z, a rather paranoid community watch person who also happens to carry a CCW and has the permit to do so...

So I ask again. Where is your evidence that the narrow interpretation #1 is in fact correct and all the others are false?

I suppose that there are an infinite number of scenarios that one could conceive to explain the events that day. I believe that scenario number one is most likely. Why? You included information about TM’s past in your interpretation of the facts. I will take the liberty of doing the same.

#1 Zimmerman seems to have an aggressive personality. Evidence includes his prior felonious charges of “resisting arrest with violence and battery of a law enforcement arrest”. I acknowledge that these charges were eventually downgraded and dropped after he entered an alcoholic rehabilitation program. I guess it doesn’t hurt to have a father as a judge.

#2 According to Z’s ex-fiancée, he has a history of domestic violence for which a restraining order was granted.

#3 According to the homeowners association (hearsay), his Neighborhood Crimewatch tactics were the subject of complaints.

#4 Z’s own words to the police operator: “"these ***holes, they always get away" and "these f****ing punks." Does this sound like a person who is interested in justice? This sounds like an angry person who has already convicted TM in his own mind.

#5 The girlfriend’s testimony. TM asked, "Why are you following me?", Zimmerman answered with "What are you doing here?" and that one shoved the other or something because Trayvon's headset fell.”

Although it may be easy to dismiss any one of my bullet points, there is clearly a pattern here. I’m left wondering what made TM suspicious? How does this guy have a CCW permit?

Murder? I don’t know. But he should be held accountable for his actions.
 
I suppose that there are an infinite number of scenarios that one could conceive to explain the events that day. I believe that scenario number one is most likely. Why? You included information about TM’s past in your interpretation of the facts. I will take the liberty of doing the same.

#1 Zimmerman seems to have an aggressive personality. Evidence includes his prior felonious charges of “resisting arrest with violence and battery of a law enforcement arrest”. I acknowledge that these charges were eventually downgraded and dropped after he entered an alcoholic rehabilitation program. I guess it doesn’t hurt to have a father as a judge.

#2 According to Z’s ex-fiancée, he has a history of domestic violence for which a restraining order was granted.

#3 According to the homeowners association (hearsay), his Neighborhood Crimewatch tactics were the subject of complaints.

#4 Z’s own words to the police operator: “"these ***holes, they always get away" and "these f****ing punks." Does this sound like a person who is interested in justice? This sounds like an angry person who has already convicted TM in his own mind.

#5 The girlfriend’s testimony. TM asked, "Why are you following me?", Zimmerman answered with "What are you doing here?" and that one shoved the other or something because Trayvon's headset fell.”

Although it may be easy to dismiss any one of my bullet points, there is clearly a pattern here. I’m left wondering what made TM suspicious? How does this guy have a CCW permit?

Murder? I don’t know. But he should be held accountable for his actions.

only # 5 of your assumptions is relevant for this case. Everything else is just a rant hang'em high

BTW, where did it started that Z is bigger, than M? he might be fattier, but he looks very short and M looks pretty tall and muscular.
Was this notion started following M's childhood pictures?
 
80659216.jpg
 
only # 5 of your assumptions is relevant for this case. Everything else is just a rant hang'em high

BTW, where did it started that Z is bigger, than M? he might be fattier, but he looks very short and M looks pretty tall and muscular.
Was this notion started following M's childhood pictures?



The police surveillance video, recently shown on ABC National News shows a fairly slender George Zimmerman the night of the attack. A close friend of Zimmerman, Joe Oliver, says Zimmerman is 5'8" and currently only weighs 170 pounds.


Continue reading on Examiner.com George Zimmerman weighs 170#; Trayvon Martin 160# - Charleston Charleston Conservative | Examiner.com http://www.examiner.com/article/george-zimmerman-weighs-170-trayvon-martin-160#ixzz1sovpy6Nq
 
I believe that scenario number one is most likely. Why? You included information about TM’s past in your interpretation of the facts. I will take the liberty of doing the same.

I PREFACED that interpretation with some background which was in fact un-necessary to the rest of the story, but demonstrated that the image of TM painted in the media may well be false. Your ENTIRE explanation save one point is that same sort of hearsay. None of this is evidence of what happened on that night, it is simply speaking to the character of the individuals. Even if Z was straight up gangster, but he was defending himself from attack, then he is not guilty of murder. What further accountability are you seeking? Extra-judicial remedy? Under the laws of the State of Florida, there is no "accountability" if he acted in self defense.


#1 and #2 arrest history

The actual story on his arrest record. Funniest part... he was granted a restraining order against his girlfriend at the same time she was granted one against him.

Zimmerman accused of domestic violence, fighting with a police officer

- In 2005, Zimmerman, then 20, was arrested and charged with “resisting officer with violence” and “battery of law enforcement officer,” both which are third-degree felonies. The charge was reduced to “resisting officer without violence” and then waived when he entered an alcohol education program. Contemporaneous accounts indicate he shoved an officer who was questioning a friend for alleged underage drinking at an Orange County bar.

- In August 2005, Zimmerman’s ex-fiancee, Veronica Zuazo, filed a civil motion for a restraining order alleging domestic violence. Zimmerman counterfiled for a restraining order against Zuazo. The competing claims were resolved with both restraining orders’ being granted.

- In December 2006, Zimmerman was charged with speeding. The case was dismissed when the officer failed to show up in court..

We can argue whether there was monkey business in getting that first charge reduced, but we will never know. The second charge sounds like a relationship gone bad, but Zimmerman was not arrested. He was never convicted of anything that would/ should disqualify him from owning and carrying weapons.


#4 Z’s own words to the police operator: “"these ***holes, they always get away" and "these f****ing punks." Does this sound like a person who is interested in justice? This sounds like an angry person who has already convicted TM in his own mind.

Sounds like someone who is frustrated with the police because break ins had been happening and when he noticed individuals who he thought were suspicious the police were usually to slow in arriving to determine what was going on. I don't see how it speaks to his interest in justice one way or the other. If he wasn't interested in justice, why did he even bother calling the police at all?


#5 The girlfriend’s testimony. TM asked, "Why are you following me?", Zimmerman answered with "What are you doing here?" and that one shoved the other or something because Trayvon's headset fell.”

And that supports your theory how? How does that demonstrate that Z initiated contact with TM? Could not TM have jumped Z and stated "Why are you following me..." followed by initiating a beat down?


I still await definitive evidence to conclude that Z did not act in self defense. Remember that in this country we are presumed innocent.


I’m left wondering what made TM suspicious?

I have given you one very good potential possibility.

Murder? I don’t know. But he should be held accountable for his actions.

What's left then? Extra-judicial remedy?

- pod
 
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