General Discussion
In reply to the discussion: What kind of person would think that Zimmerman had the right to... [View all]tclambert
(11,084 posts)Does the prosecution have to prove beyond a reasonable doubt that Zimmerman was NOT defending himself?
Or does the claim constitute an "affirmative defense" where the defense has the burden to prove the claim?
Okay, wikipedia says option two applies. The defense has to prove that Zimmerman "had an honest and reasonable belief that another's use of force was unlawful and that the defendant's conduct was necessary to protect himself." But they may not have to prove it beyond a reasonable doubt. "It can either be proved by clear and convincing evidence or by a preponderance of the evidence."
So does that mean the case hinges on what Zimmerman believed? Well . . . I don't know, but I'm gonna guess he believes whatever will get him the least jail time.