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07-24-2013, 09:41 PM
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Value of the Verdict and Race
Okay, I have not read this entire thread.
Not sure if it was mentioned but what about the value of jury's verdict.
The jury made a decision based on what was given to them. We weren't there. Well, I was not. Now, it seems like people don't like it and they want to appeal. What does it say about the jury's hard work, time and effort? What does it say about respect for them? Sure, there is the right to appeal. But, to me, it seems to be almost disrespectful in that by appealing, a message is being sent that their opinion, hard work and energy is not valued. It comes across as answer shopping that if you don't like verdict, appeal.
What message does this send to future juries? In other cases?
Hey, your decision is not valued. Why bother serving on a jury? It is just going to be appealed? Is that self-defeating to our system? As much as it is apart of it?
At some point, we need to respect a jury's decision for the good of the system.
As for the race issue, I would like to think that we are past that. I really never thought of this as a race case, until it was made out to be one and brought up in the media. Who really cares if the kid is black? I don't. I don't care if the guy is white. Why should it be a big deal. Oh, wait, because someone brought it up and wants to make it. Stop using race as an excuse to have chip your shoulder. People do things not because of race but because they feel compelled to. Both sides made mistakes that night. I really don't think race had to with it. By making it a race issue, we have put ourselves back.
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07-24-2013, 10:06 PM
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Quote:
Originally Posted by BAckbOwlsgIrl
Now, it seems like people don't like it and they want to appeal. What does it say about the jury's hard work, time and effort? What does it say about respect for them? Sure, there is the right to appeal. But, to me, it seems to be almost disrespectful in that by appealing, a message is being sent that their opinion, hard work and energy is not valued. It comes across as answer shopping that if you don't like verdict, appeal.
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No, there is no right of appeal here. The state cannot appeal an acquittal. Once there is an acquittal, the rule against double jeopardy means that the case is over.
A defendant, on the other hand, always has a right to an appeal. But it's important to understand what an appellate court does and doesn't do. It does not (and cannot) substitute its own views of the evidence for those of the jury; the jury, not the judges, are the finders of fact. The appellate court basically reviews to make sure the rules were followed.
What the appellate considers are questions such as whether any pre-trial or trial procedures violated the constitutional rights of the defendant or whether evidence unduly prejudicial to the defendant was admitted in error. The court can decide that the jury heard evidence it shouldn't have heard. But the result in such a case is not entry of a different verdict by the appellate court. Rather, it's to order a new trial so that a new jury can reach a decision on proper evidence.
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Last edited by MysticCat; 07-24-2013 at 10:09 PM.
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07-24-2013, 10:10 PM
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My bad. You are correct, Mystic. I used the wrong terminology.
So, now there is a civil suit? Whatever. This case is so overblown. Granted that a life was taken. That can never be overblown. I still think that a civil suit is overblown.
It shows disrespect for the jury's decision.
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07-24-2013, 10:22 PM
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Quote:
Originally Posted by BAckbOwlsgIrl
It shows disrespect for the jury's decision.
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I don't think it does at all. The jury wasn't presented with the questions of civil liability toward the Martins. They were presented with the questions of whether or not Zimmerman committed murder or manslaughter. A new jury in a civil suit would be answering different questions, with different elements and applying different standards.
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07-24-2013, 10:27 PM
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Quote:
Originally Posted by BAckbOwlsgIrl
My bad. You are correct, Mystic. I used the wrong terminology.
So, now there is a civil suit? Whatever. This case is so overblown. Granted that a life was taken. That can never be overblown. I still think that a civil suit is overblown.
It shows disrespect for the jury's decision.
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Where is this jury loyalty coming from? LOL. We are not talking about throwing defendants and jurors out of windows or over bridges. We are talking about formal legal procedures. A potential civil suit. Civil suits existed before the Zimmerman trial. They do not cease to exist just because some people agree with a verdict or are tired of hearing about an incident and resulting trial.
You would probably feel different about this if you disagreed with the verdict or if there was less coverage of the response to the verdict.
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