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COLGATE4

(14,732 posts)

19. Z has to try and convince the jury that the killing

Sun Jun 30, 2013, 09:57 AM

Jun 2013

Last edited Sun Jun 30, 2013, 10:39 AM - Edit history (2)

was in self defense. The Prosecution will base its case in chief on the idea that 1) there was no self defense, therefore 2) Z killing him was done without legal justification. The burden is then on them to prove that beyond a reasonable doubt. They will try and establish as many facts through evidence presented and testimony as possible which indicate the depraved mind standard required for a verdict of Murder 2.

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Tell me about the burden of proof... [View all] demwing Jun 2013 OP

All that is required is reasonable doubt. longship Jun 2013 #1

Actually, since Zimmerman is claiming self defense COLGATE4 Jun 2013 #2

Informative. Thanks. longship Jun 2013 #3

But doesn't the prosecution need to prove a "depraved mind" for 2nd? dkf Jun 2013 #4

Yes. NaturalHigh Jun 2013 #6

Not correct, 2nd degree murder defined: demwing Jun 2013 #8

"(E)vincing a depraved mind regardless of human life..." NaturalHigh Jun 2013 #9

That's not intent. It's state of mind. DirkGently Jun 2013 #11

Exactly demwing Jun 2013 #15

782.07 Manslaugher: demwing Jun 2013 #13

Interesting statute. NaturalHigh Jun 2013 #14

jury instructions on 782.04(2) ... ctaylors6 Jun 2013 #16

"demonstrating a depraved mind" demwing Jun 2013 #18

Z has to try and convince the jury that the killing COLGATE4 Jun 2013 #19

So if I ever claim self-defense I'm guilty until proven innocent. cherokeeprogressive Jun 2013 #21

In an affirmative defense you are admitting COLGATE4 Jun 2013 #22

As I understand it... NaturalHigh Jun 2013 #5

With COLGATE4's "affirmative defense" clue demwing Jun 2013 #7

I think that's specific to the insanity defense. DirkGently Jun 2013 #10

Thank you, that's much more definitive demwing Jun 2013 #17

Here's my understanding ... ctaylors6 Jun 2013 #12

Your post spells it all out. dkf Jun 2013 #20

Thank you. Caroline-Vivienne Jun 2013 #23