mistermack wrote:Tyrannical wrote:mistermack wrote:
Quite amazing. So in America, you can kill someone if they start a fight?
Under self defense if you feel you may be seriously harmed, yes.
Good. I'm glad you're back to reality. Nice of you to join us.
So it's that that he needs to convince a jury of.
If I was him, I wouldn't rely on doubt being enough. He wore the gun.
Wearing the gun in and of itself is not evidence of intent.
mistermack wrote:
He chased the kid.
That has not been established, and as yet it has not even been alleged (except by people relying on a misreading of the 911 call).
mistermack wrote:
He shot the kid.
That is admitted.
mistermack wrote:
He has a gun, but decides he's about to be killed by someone who has shown no weapon.
Yes, although he would have no way of knowing Martin was armed or unarmed.
mistermack wrote:
Even after the most minor of injuries,
It is not established that the injuries are minor. And the issue is not the extent of the head injuries, but what a reasonable person would perceive under the same or similar circumstances.
mistermack wrote:
he concludes that he has to kill to save his life.
Not to threaten to kill, but to kill.
I will be very interested in the judges summing up. especially about the burden of proof.
The burden of proof remains squarely on the prosecution to prove guilt beyond a reasonable doubt. If the jury finds that there is reasonable doubt as to his intent to kill without justification (self-defense), then the jury must find him not guilty. Once a defendant in a criminal case has introduced proof that he acted in self-defense the jury is entitled to consider the defense, and the jury may not convict the defendant unless it finds beyond a reasonable that he did
not act in self-defense. In other words, all he has to do is show some evidence of self-defense, and if the jury takes that evidence and finds that there is reasonable doubt as to whether he committed murder without acting in self-defense, they are instructed to acquit. Zimmerman does not even have to prove it was more likely than not that he acted in self-defense.