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RussK

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  1. Like
    RussK got a reaction from softwareNerd in Leave George Zimmerman alone!   
    **It has obviously been more than a few days, the amount of time I said I would respond back. Unfortunately, all my free time of recent was taken doing other things, mostly fun; this is the time of year in Minnesota that everyone is in a mad rush with festivals and sporting events to close out the last days of summer. I hope that is excuse enough. As far as I know, the only thing noteworthy to have occurred between the last time I posted and now, is that Zimmerman’s lawyers are trying to get the case thrown out on stand your ground, but, in fact, they are gearing up for a defense that doesn’t use that statute.**

    Manslaughter, as it applies to this case, is the act of killing someone without justification under chapter 776 and when the killing is not deemed excusable homicide under chapter 782—these statutes can be found in URLs provided above, in prior posts. There is no doubt that Zimmerman killed Martin, but many believe that the killing was justified. The point here, with this post, is to show how the killing of Martin may not be excusable under Florida statute, and how that would leave Zimmerman culpable for, at the minimum, a manslaughter charge.

    Justifiable Homicide
    Zimmerman’s killing may be considered justifiable homicide (782.02) if it can be shown that Martin was either a) going to murder Zimmerman or was going to assault him to the point that the act of the assault would be considered not a misdemeanor, but, instead, a felony.

    Excusable Homicide
    Zimmerman’s killing of Martin can be argued to be not excusable under 782.03. His means might have been lawful, but it can be presented that he did not act with “usual ordinary caution,” a position that I hold. The next two types of excusable homicide found within this section, heat of passion and sudden combat, do not apply to Zimmerman; there wasn’t heat of passion for Zimmerman—however, it could be argued that this could apply to Martin—and sudden combat only applies when a deadly weapon was not used.

    Unnecessary Killing to Prevent an Unlawful Act
    Any unnecessary killing of another person while resisting a felony committed by that person, or any other unlawful act—even if a criminal act has failed—“shall be deemed guilty of manslaughter” (782.11). Of course, that is the crux here, the prosecutors will argue that it was unjustified and unnecessary for Zimmerman to kill Martin, and the defense will argue in opposition. My opinion, without having the full evidence, is that the killing was unnecessary, partly for reasons outlined above, that Zimmerman did not use ordinary caution and placed himself in the situation; and also because a broken nose and busted head isn’t enough for me to categorize it as felony assault. In fact, if I remember correctly, Zimmerman acknowledged this point implicitly when he said that he had to dispatch Martin when Martin started going for Zimmerman’s gun.

    Use of Force in Defense of a Person
    Use of force in defense of a person, including use of deadly force (776.012) very well may apply to Zimmerman if it is shown he thought his life was in imminent jeopardy, or great bodily harm was going to be inflicted upon him. However, while this may apply to Zimmerman, the homicide statutes of justifiable use of deadly force and excusable homicide are used in conjunction with those included in chapter 776. Furthermore, 776.041 states that the preceding sections of the chapter do not apply if the person “initially provokes the use of force against himself or herself” and then describes when that doesn’t apply: a) when death or great bodily harm is thought to be imminent, and all “reasonable means of escape” have been exhausted, or when the person who provoked the use of force withdraws from the altercation but the “assailant continues or resumes the use of force.”

    Now, it has been pointed out that Zimmerman has been charged with second degree murder, and it was suggested that talk of manslaughter charges were beside the point. However, that is not the case. Even if Zimmerman is found not guilty of second degree murder, he can still be convicted of what is called “lesser included offenses,” such as manslaughter.

    In the end, Zimmerman very well may defend himself against the prosecution’s attempt to prove that he did not act lawfully. I’ve read that the defense is going to defend Zimmerman on the grounds covered under 776.041, which makes sense. However, the main point I’m trying to make with this post is that the case is not as cut and dry as many have presented, and there are many avenues of approach for the State of Florida to come to the conclusion that there should even be a trial, and that they can convict him of a crime. In the court proceedings, the prosecution will have to try and prove their case; they will use testimony from Zimmerman, and they will try to exploit any holes they find with the facts. In light of the fact that someone was killed, doing nothing wrong—possibly up to the point of altercation—and the State of Florida thinks it has a case, I think a trial is the least thing we can ask for.
  2. Like
    RussK got a reaction from Black Wolf in SOPA - Is it right?   
    I must say, I am fairly disappointed in the responses by the Objectivist community regarding SOPA. For one, I'd like anyone to point out which section in the bill constitutes a violation of due process; the bill makes clear that court orders will and must be issued, particularly persuant to existing (or ammended) US Code. It seems to me that way too many people have gotten on a bandwaggon without being properly informed, or by being heavily against the bill without even taking the time to read it or parts of it. This bill takes approximately a little more than an hour to read; it's time for the advocates to get busy actually reading it.

    Another thing that irks me is that there are many good ammendments to prior Code in the bill, particularly in Title II, yet the call is for the whole thing to be scrapped. For example, instead of relying on a transmission timeline of 180 days, a standard of 10 infringments, or a single infringment of heavy monitary worth, would be used.
  3. Like
    RussK reacted to Undercurrent in Campus Media Response: WikiLeaks and the New Face of Nihilism   
    In an incisive piece in MIT’s The Tech, Keith Yost writes the following regarding the recent WikiLeaks scandal, in which tens of thousands of stolen classified American military and diplomatic documents were released on the Internet by the website’s operator, Julian Assange:



    As he hides behind this reasoning, Assange has released the Social Security numbers of U.S. military personnel, opening them up to identity theft. He has revealed the names of Afghan civilians who collaborate with U.S. forces, a move that was greeted with joy by Taliban commanders, who quickly promised to hunt down and execute those named. He has betrayed the identities of human rights activists and journalists who, at great risk to themselves, passed information on their conditions to U.S. diplomats. In discussing one source, a diplomat pleads: “Please Protect,” and for good reason — with the informant’s identity now known, there is a serious risk that this the poor woman who trusted the United States will be whisked off to prison or worse.

    Mr. Assange and his conspirators tell us they are part of a “New Journalism,” unmotivated by profit or partisanship (never mind their past attempts to auction off their finds or the unabashed ideological spin that accompanies their leaks). But the truth is that their motivation is as old as time itself; like small children playing with fires, fascinated with their own power to destroy, Assange and company are setting the world aflame merely to watch it burn. They are not crusaders for a better society. They are nihilists. They are anarchists. And they are enemies of the United States.

    Yost is right. Some young people today are celebrating Julian Assange as a rebel who is bravely crusading against authoritarian institutions. In the past, WikiLeaks may have uncovered corrupt government practices worthy of public scrutiny. But Yost makes clear that the most recent revelations serve no positive purpose. Assange’s blasé indifference to the safety and lives of American servicemen and the Iraqi and Afghan citizens who support them gives the lie to the claim that he is motivated by a passion for peace and freedom.

    Read the rest of Yost’s article for more about why we should condemn this act as destruction for the sake of destruction and what the Obama administration should do about this dangerous violation of American security interests.

    Image from Wikimedia Commons.



    Cross-posted from the multi-author UnderCurrent feed
  4. Like
    RussK reacted to Maximus in Is Wikileaks morally right?   
    I've been in third world shit-holes in the military, and, believe me, we're living in relative paradise in the US. I'll take our corrupt over, say, Somalia's corrupt anyday.

    Assninja needs to be drawn, hanged and quartered, along with anyone who aided him.
  5. Downvote
    RussK got a reaction from Betsy in Further Thoughts on McCaskey's Resignation   
    One of the positives that has come out of this is now I know exactly where Robert Tracinski stands. If he thought that way, why didn't he write about the problem before? I don't care what he retracts, if he even cares to do so, because his allegations were way too damning. I still had respect for him after the debate he engaged in about the agents of history and culture; however, now, that amount of respect has significantly diminished. He might as well totally 'jump ship,' if he already hasn't, and join the conservative movement that he's concerned himself with for many years now.

    mrocktor: I agree with you. There's no reason to mince words on this point: Dr. Peikoff used a strong arm tactic to get his way. That is his prerogative, and he is well within his rights and means to make such requests. However, this brings up a good question: how much authority does Peikoff, due to his philosophical and legal status, have over the institute as an organization.
  6. Like
    RussK reacted to Jake_Ellison in What do you think of Peter Schiff's thesis?   
    I think it is unfounded, based on the hubris that people working in developing countries are supporting most of the US consumption. All one has to do is look at whether that assumption is true or not, to make up their mind on the rest.
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