View Single Post
  #25    
Old July 14th, 2013 (02:37 PM).
EGKangaroo's Avatar
EGKangaroo EGKangaroo is offline
Tail-bumps for all 'roolovers!
 
Join Date: Mar 2012
Location: the Netherlands
Age: 20
Gender: Male
Nature: Quirky
Posts: 400
Send a message via Windows Live Messenger to EGKangaroo Send a message via Skype™ to EGKangaroo
Well, I guess I am rather neutral on the outcome, given that the story was kinda overshadowed by other news stories here in Europe, but I cannot say I am exactly surprised by the outcome, though mildly disgusted that it even had to end this way for Trayvon Martin, who, even if he was the instigator, was punished for that in a way that was far beyond what he needed to get. Now, here are my careful, and hopefully not ridiculously wrong two cents on this.

In order to raise the issue of self defence in Florida, there must be some evidence that self-defence occurred in addition to any testimony given by the defendant (defendant testimony is insufficient). There must be some physical evidence or separate witness testimony that self defence occurred. If such evidence exists, then the Florida prosecution must prove it wasn't self defence beyond a reasonable doubt.

New York has a similar burden of proof setup if wiki is to be believed.

In most other states, self defence must be shown by "clear and convincing evidence" or "by a preponderance of evidence", depending on jurisdiction.

The below links kinda give an image of how the self-defence laws in Florida work in comparison to other jurisdictions, and why the burden of proof was with the prosecutors, who obviously did a shoddy job at disproving the self-defence claim beyond reasonable doubt. Basically, had this taken place in another state, Zimmerman would have probably been guilty...I think...

http://www.husseinandwebber.com/florida ... force.html

http://en.m.wikipedia.org/wiki/Affirmative_defense
__________________
RP's I am in:
Pokemon: Journeys Through Novia - Glyn Schaffer

"And they tell me there are people who are normal, but I don't know what they look like because I've never met one. And neither have you, so why not compare yourself to real people instead?"
"Three lives of a gamer: the first'll be your best, because you can always restart if it isn't; the second pales in comparison, and the game will cheat you out; but the third one's going to be better, because it gets do or die from then."

Reply With Quote