Welcome to DU!
The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards.
Join the community:
Create a free account
Support DU (and get rid of ads!):
Become a Star Member
Latest Breaking News
Editorials & Other Articles
General Discussion
The DU Lounge
All Forums
Issue Forums
Culture Forums
Alliance Forums
Region Forums
Support Forums
Help & Search
General Discussion
In reply to the discussion: Under "Stand Your Ground" Trayvon Had The Right To Kill Zimmerman [View all]spin
(17,493 posts)88. I think if Martin would have lived ...
his testimony would have convicted Zimmerman. Since he didn't there was enough reasonable doubt that the jury did find Zimmerman guilty.
That's the way our system is designed to work.
Blackstone's formulation
In criminal law, Blackstone's formulation (also known as Blackstone's ratio or the Blackstone ratio) is the principle that:
"It is better that ten guilty persons escape than that one innocent suffer",
...as expressed by the English jurist William Blackstone in his seminal work, Commentaries on the Laws of England, published in the 1760s.
Historically, the details of the ratio have varied, but the message that government and the courts must err on the side of innocence has remained constant.
*****snip****
Authoritarian personalities tend to take the opposite view; Bismarck is believed to have stated that "it is better that ten innocent men suffer than one guilty man escape."[1] Pol Pot[15] made similar remarks. Wolfgang Schäuble[16] referenced this principle while saying that it is not applicable to the context of preventing terrorist attacks. Former American Vice President Dick Cheney said that his support of American use of "enhanced interrogation techniques" (torture) against suspected terrorists was unchanged by the fact that 25% of CIA detainees subject to that treatment were later proven to be innocent, including one who died of hypothermia in CIA custody. "I'm more concerned with bad guys who got out and released than I am with a few that in fact were innocent." Asked whether the 25% margin was too high, Cheney responded, "I have no problem as long as we achieve our objective. . . . I'd do it again in a minute."[17]
Liberal columnist Ezra Klein supported California's SB 967 "Affirmative Consent" law with the same reasoning as Cheney's supported "enhanced interrogation techniques". While claiming the law was "terrible" and could be used to punish people who did not commit rape, Klein states "its overreach is precisely its value" and "ugly problems don't always have pretty solutions." [18]
Alexander Volokh cites an apparent questioning of the principle, with the tale of a Chinese professor who responds, "Better for whom?"[1]
https://en.m.wikipedia.org/wiki/Blackstone's_formulation#
Edit history
Please sign in to view edit histories.
Recommendations
0 members have recommended this reply (displayed in chronological order):
88 replies
= new reply since forum marked as read
Highlight:
NoneDon't highlight anything
5 newestHighlight 5 most recent replies
RecommendedHighlight replies with 5 or more recommendations
I always thought that stupid law would have been on Trayvon's side if there was any justice
world wide wally
Dec 2016
#1
Even if one believes Zimmerman, he still grabbed his gun, stalked and intimidated Martin, then shot
Hoyt
Dec 2016
#2
I don't think the concept of stand your ground should have applied to Zman. One shouldn't be able
Hoyt
Dec 2016
#7
SYG is too generous in a situation where a bully can grab his gun and intimidate an unarmed kid,
Hoyt
Dec 2016
#20
no one's ever been convicted in the death of another where there are no witnesses?
eniwetok
Dec 2016
#61
You should have posted your opinion of gunners like Zman. Sorry, but the majority of gun owners,
Hoyt
Dec 2016
#28
Myself a white guy 68 years old was at a gun shop in Columbus last week. I was looking at
doc03
Dec 2016
#45
Now, how would we know that? Do you honestly think Zman -- an armed wuss -- followed Martin in dark
Hoyt
Dec 2016
#8
He had it in a holster and he said Martin reached for his gun. Must have known, don't you think?
Hoyt
Dec 2016
#30
I thought he was bashing his head in at the time. Of course, he only had superficial scratches.
Hoyt
Dec 2016
#32
Zimmerman was a typical gun nut. They dream about the day they can finally shoot someone.
Oneironaut
Dec 2016
#65
There are more than a few on DU who still defend the Zman as a law abiding citizen and
flamin lib
Dec 2016
#3
Yep. Worse, they count Zman's murdering TM as a justified use of a gun for defense. Deplorable.
Hoyt
Dec 2016
#9
At least "Florida Man" Michael Dunn was finally convicted (during a retrial) for murdering
tblue37
Dec 2016
#12
Yes. This has always been the case, and the reason why this is usch a travesty. nt
LaydeeBug
Dec 2016
#24
Here's why SYG is a bad law - It doesn't care about what happened before the shooting.
Oneironaut
Dec 2016
#63