Now That Zimmerman Has Been Charged, Can He Even Get A Trial With An Impartial Jury?

Zimmerman has pretty much already been convicted within the media, community agitator activist and race baiting sectors, and by elected Democrats. Many seem to have taken up the Trayvon Martin cause simply as a way to raise the specter of racism and push for gun control. But, what does the Constitution say?

(Amendment VI) In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law,….

Can George Zimmerman obtain a trial with an impartial jury anywhere within the district where he resides? How about in Florida? Any other state? That’s not to presume the guilt or innocence of Zimmerman, because a person is guilty till proven innocent….wait, sorry, I’ve been reading way too many liberal outlets, and hearing people like the New Black Panthers and Al Sharpton determine that Zimmerman is guilty, and should simply be dragged from the courthouse and strung up one his horse in the public square, then the horse should be smacked in the hindquarters, leaving Zimmerman dangling.

Perhaps there is evidence that Zimmerman is guilty. It seems a pretty big stretch for the prosecutor to charge him with 2nd Degree Murder

After an extraordinary public campaign to make an arrest in the shooting of an unarmed black teen, a Florida prosecutor came back with a murder charge in the case that has galvanized the nation for weeks.

But prosecutors face steep hurdles to win a second-degree murder conviction against neighborhood watch volunteer George Zimmerman in the killing of Trayvon Martin, experts say. They will have to prove Zimmerman intentionally went after Martin instead of shooting him in self-defense, refute arguments that a Florida law empowered him to use deadly force and get past a judge’s ruling at a pretrial hearing.

2nd degree murder is often defined as

a non-premeditated killing, resulting from an assault in which death of the victim was a distinct possibility. Second degree murder is different from First Degree Murder which is a premeditated, intentional killing, or results from a vicious crime such as arson, rape, or armed robbery. Exact distinctions on degree vary by state.

Was the death of the victim a distinct possibility, and did Zimmerman assault Martin first? The Sanford PD and prosecutors office dropped the ball in not investigating this in the first place, even when some were recommending Zimmerman be charged.

“(Zimmerman) is concerned about getting a fair trial and a fair presentation,” his attorney, Mark O’Mara said. “He is a client who has a lot of hatred focused on him. I’m hoping the hatred settles down … he has the right to his own safety and the case being tried before a judge and jury.”

Expect Zimmerman’s lawyers to make a big deal over this issue, particularly during jury seating. But, it may not even get that far

The prosecutors must prove Zimmerman’s shooting of Martin was rooted in hatred or ill will and counter his claims that he shot Martin to protect himself while patrolling his gated community in the Orlando suburb of Sanford. Zimmerman’s lawyers would only have to prove by a preponderance of evidence – a relatively low legal standard – that he acted in self-defense at a pretrial hearing to prevent the case from going to trial.

There’s a “high likelihood it could be dismissed by the judge even before the jury gets to hear the case,” Florida defense attorney Richard Hornsby said.

And, if the case is dissmissed, or Zimmerman is found “not guilty” after a trial, what then? Will everyone be appeased that justice was served, or will we see riots similar to the aftermath of the Rodney King affair?

Congressional Democrats have weighed in, and were “thrilled” that Zimmerman was charged with 2nd degree murder. And some have seemed to already convict him

Rep. Emanuel Cleaver (D-Mo.), who sponsored a resolution to memorialize Martin and that seeks a reexamination of “stand your ground” laws, said in an interview that the charge being brought against Zimmerman was proof that “justice is blind.”

“This is going [to] ensure most Americans that justice is in fact blind and it doesn’t matter who you are – if you believe that you are exempt from justice, this is an example that you’re not,” Cleaver said.

Many will not be pacified that Zimmerman has been charged and will be arrested: they want Justice. Not law.

If there is evidence that Zimmerman is guilty, yes, he should be found guilty. But, getting his fair trial will be virtually impossible.

Crossed at Pirate’s Cove. Follow me on Twitter @WilliamTeach.

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