I am still hunting for clarification on the law here....Beiruty wrote:So, you per-judged him as guilty of capital murder? if so, prove it in court of law. Just let you know there is no evidence in support of Martin's family claims. It is all speculation.Toorop wrote:Thank God! Hopefully he will get a good spot in line for the death penalty!
Let us cool down and wait for the trial. If that killer Moma (Anthony) in Florida was acquitted, then GZ would have an easy time defending himself in a court of law.
Correct me if I'm wrong... but isn't self-defense is an "affirmative defense"? In other words... the burden of proof is 100% on Zimmerman to prove that he acted in self defense?? Contrast that with a typical charge (Murder 2? Murder 3?) where the prosecution would have to PROVE Zimmerman guilty. Those are two wildly different things. The poster above said ".....guilty of capital murder? If so, prove it in a court of law". The point I'm making is ....No! They don't have to do that. It is Zimmerman who bears the burden of proof because he is making an affirmative defense to a stipulated killing.
So.... a little thought experiment. Let's say hypothetically Zimmerman simply said "Nope. I didn't do it". THEN, the burden of proof would be on the prosecution. In this situation, however, he is saying "Yes, I did kill that man, but here is why.....". That completly changes things and it is now Zimmerman who must PROVE he acted in self defense.
This seems to be a significant nuance that is getting almost no mention.
Hopefully someone will correct me if my understanding is off here.....