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Thread: Maybe wrong area...

  1. #1
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    Maybe wrong area...

    If this isn't the correct forum, Grapeshot, would you or a Moderator please let me know, so next time I know where to stick it.

    My Dad and I got into a discussion on the Zimmerman Trial. He was under the impression, that they may have got him on a "Involuntary Manslaughter " charge instead of going all out for Murder. I disagree'ed, but it did get my gear's turning, so I thought I would turn it into a educational kinda thing.

    Here is the law though not from Florida website itself, seems to put it in decent english.

    http://statelaws.findlaw.com/florida...hter-laws.html

    The part that some what jumped out at me was the following.

    "Florida state laws also establish involuntary manslaughter if the prosecutor shows that the defendant used excessive force during self-defense or the defense of another person. The prosecution and defense can look at the facts and circumstances of the killing to determine whether the defendant reasonably believed that self-defense was necessary; if not necessary, the state might proceed with an involuntary manslaughter charge."

    With the prosecution at first trying to use the pictures to say the injuries given to Z weren't that bad, could the excuse of excessive force on the part of Z be used against him?

    Interested to see opinions, please keep it civil, as I know as of late it's been a heated topic. This is just my attempt to understand law's and how they work, as for myself, reading law can be very greek sometimes.

  2. #2
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    Maybe wrong area...

    Excessive force would be M shoved Z, Z drew his gun and shot M.

    Z's claim all along was that he thought M was going to kill him, justifying lethal force in self-defense. The prosecution had to prove beyond a reasonable doubt that a reasonable person in Z's shoes would not think that M was going to kill him. Z did not have to prove squat. In most States, self-defense is an affirmative defense, and the burden is on the defendant. Not so in Florida.

    So, as I have stated numerous times before: If the prosecution could not prove murder because they failed to prove it was not self-defense, then they have also failed to prove manslaughter for the same reason.

    IMO, Z did (even though it was not required) prove beyond a reasonable doubt that it was self-defense. I think his case was a winner even where an affirmative defense is required.


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  3. #3
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    Quote Originally Posted by eye95 View Post
    Excessive force would be M shoved Z, Z drew his gun and shot M.

    Z's claim all along was that he thought M was going to kill him, justifying lethal force in self-defense. The prosecution had to prove beyond a reasonable doubt that a reasonable person in Z's shoes would not think that M was going to kill him. Z did not have to prove squat. In most States, self-defense is an affirmative defense, and the burden is on the defendant. Not so in Florida.

    So, as I have stated numerous times before: If the prosecution could not prove murder because they failed to prove it was not self-defense, then they have also failed to prove manslaughter for the same reason.

    IMO, Z did (even though it was not required) prove beyond a reasonable doubt that it was self-defense. I think his case was a winner even where an affirmative defense is required.


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    Thank you sir for the input.

  4. #4
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    Maybe wrong area...

    You're welcome. Courtesy is so rare here. Thank you for that!

    JMO. IANAL.


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