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by JackPatrick
Wed Apr 11, 2012 2:40 pm
Forum: Off-Topic
Topic: 17y/o Killed By Neighborhood Watch/CHL
Replies: 3383
Views: 402968

Re: 17y/o Killed By Neighborhood Watch/CHL

Beiruty wrote:
Toorop wrote:Thank God! Hopefully he will get a good spot in line for the death penalty!
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.

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.
I am still hunting for clarification on the law here....

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.....
by JackPatrick
Wed Mar 21, 2012 1:55 pm
Forum: Off-Topic
Topic: 17y/o Killed By Neighborhood Watch/CHL
Replies: 3383
Views: 402968

Re: 17y/o Killed By Neighborhood Watch/CHL

This thing gets worse all the time. If you haven't heard the 911 tape from the female homeowner, it is both horrifying and sad.

The voice repeatedly screaming "Help!" certainly sounds like that of a young boy, but Zimmerman claims it was him.

Earlier in this thread, references were made to the difficult nature of this case i.e. "Shooter claims self defense, other party is dead.... What are the police supposed to do?" Could someone please help me out with the law here? Isn't self defense an "affirmative defense"? In other words, in order to claim self defense, the burdon of proof is 100% on you. Is that correct? It seems like there is growing evidence, especially in the form of eyewitnesses, that all point to this guy going to jail.

If Mr. Zimmerman believed Mr. Martin was a threat, wouldn't he put as MUCH distance between himself and the young man as possible? Why would he get out of his vehicle? Why would he give chase? People keep citing the FL law that talks about not having to flee, "standing your ground", etc, but that seems completely irrelevant in this situation. Mr. Martin was fleeing and Mr. Zimmerman was chasing him. He admitted to that on the 911 tape. I'm not suggesting following someone is a crime, but again, put this in the context of "my life was in danger!" defense.

I try to keep an open mind but.... sheesh.... prayers for the Martin family.

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