I believe that is all most who have followed the case have wanted from the beginning. JMO etc.
Be kind, for everyone is fighting a great battle.
IOW, in most cases the defense does not have to present anything. They can let the prosecution prove or not prove their case and it can go straight to the jury.
But in an affirmative defense the defense absolutely has the burden of putting on a case to show their position otherwise it doesn't make sense. KWIM? So the burden is also on the defendant- maybe to a different degree but they have a burden none the less.ETA: the prosecution may have a higher standard to reach-but they both have to prove to their respective degrees.
OT watching TLC, Teens who Kill. Covering the case of Rachel Wade/Sara Ludemann. Rachel claimed self defense, it wasn't proven.
Here is a detailed discussion from a Jacksonville law firm. (Mods, I hope this is okay. It isn't MSM, but it is an expert source and therefore, IMO, better.)
As I understand the discussion there and assuming the defendant can't get a judge to dismiss the case under SYG before trial, the defendant still has the affirmative defense of "justifiable homicide" available to him. Under Florida law, the initial burden is on the defendant, but the burden is relatively low (and may not even require the defendant to take the stand). Once the defendant meets his affirmative defense burden, then the burden seems to shift back to the prosecutor to DISprove justifiable homicide beyond a reasonable doubt.
Whether GZ's mere say-so is enough to meet his burden remains unclear, however, per the sites I've found. Some even assert that nobody really knows how all these burdens will play out because none of them has been tested by appellate courts.
Totally jmo now: I won't be surprised if the prosecution argues that GZ's pursuit of TM despite the dispatcher's instruction proves that GZ intended to detain TM until police arrived. That might be construed as kidnapping, a felony which would negate any SYG claim. Again, this is just my speculation as to how they may try to circumvent any SYG problems.
Frank Taaffe gets it right at 1:42 in this video. Wonder if that was his nickname for old George.
[ame="http://www.youtube.com/watch?v=-r_IWjzYK6c"]Trayvon Martin Case: George Zimmerman's Neighbor Speaks Out - YouTube[/ame]
But I'm finding sites in Florida (mostly from criminal defense lawyers) that make the defendant's burden sound very low. Maybe that's just a marketing tool, but the Florida statute does say that once the defendant meets his burden, the State's burden returns in full force.
There is more ways than one to skin a cat... and pulling out the racial card is just one game, there are others.
I always believe this "To the dead we owe only the truth"
I have seen the media has done a great job swaying public opinion... I always loved the facts and never just follow blindly...I want to know what really happened before I follow any direction. Letís not fabricate a case - it has been sensationalized without us knowing all the facts. We do not know Trayvon, we do not know what Zimmerman felt as he sized him up BUT I sure know that feeling of thinking someone is up to no good. I sure do know that I have to trust my mistrust, and if I see something I cannot ignore it.
I want to give Zimmerman a chance to clear himself. IF he can. But I do not want to play revenge and bury him without fully knowing. That is not just.
Women are Angels.
And when someone breaks our wings,
we simply continue to fly... on a broomstick.
We're flexible like that.
EVERYONE CHECK YOUR GPS
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Good discussion on the case and the SYG defense, and Richard Hornsby is interviewed:
Excerpts from Hornsby:
If he decides there are no challenges worth making before the arraignment, he'll file a written plea of not guilty, and that arraignment will actually be waived, and it will never be held by the judge. Then after that, the next major thing I think the public will get to see is there will likely be a hearing on the Stand Your Ground motion, the defense - what we call an immunity hearing, where George Zimmerman will have to present evidence to establish that he was legally defending himself.
And if he establishes that by a preponderance of the evidence, then the judge will be required to dismiss the charge.Is it successful? No, I would not say that people are filing these motions left and right and winning. You know, I've filed maybe 15 motions, Stand Your Ground motions to dismiss, since the law has been implemented, and I've only won two or three of them at the - you know, in front of a judge. Because, again, the judge has to believe the defendant's version of the events and believe the defendant was reasonably defending himself.
And many times, if you have, you know, a defendant and a victim come in, and they're both equally credible, it's sometimes hard for the defendant to meet that burden. The judge says, well, I think a jury should decide this.
You know, the big issue in George Zimmerman's case is, of course, Trayvon Martin isn't around to tell his side of the story, and so the prosecutor is going to have to tell Trayvon Martin's story through circumstantial evidence and things of that nature.
no one is going to bury George.
Sorry I will take a break.
There are here in case you are interested
FWIW, the "no duty to retreat" instruction is the same in California (or at least it was when I was a juror). The jury can't require the defendant to retreat from a deadly threat because backing up or turning to run may get the defendant killed.
That's why SYG has been called unnecessary by many prosecutors and police officers.