wrightme
Regular Member
Cite?In Florida, an individual must make a prima facie claim of self defense, then and only then does the burden of proof shift to the state. The idiot in this case did so, now the burden of proof that she did not act within the "reasonable person standard" shifts to the state.
Further, how can a person make a 'prima facie' claim of any sort?
https://www.google.com/webhp?source...S598US598&ion=1&espv=2&ie=UTF-8#q=prima facie
'Prima Facie' isn't a claim someone has to utter, it is based upon what actually happened, or how what happened actually does appear.
http://dictionary.law.com/Default.aspx?selected=1598
prima facie
: (pry-mah fay-shah) adj. Latin for "at first look," or "on its face," referring to a lawsuit or criminal prosecution in which the evidence before trial is sufficient to prove the case unless there is substantial contradictory evidence presented at trial. A prima facie case presented to a Grand Jury by the prosecution will result in an indictment. Example: in a charge of bad check writing, evidence of a half dozen checks written on a non-existent bank account makes it a prima facie case.
As an example from FL trespass statutes:
http://www.leg.state.fl.us/statutes...ing=&URL=0800-0899/0810/Sections/0810.12.html
(1) The unauthorized entry by any person into or upon any enclosed and posted land shall be prima facie evidence of the intention of such person to commit an act of trespass.
Last edited: