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To: William Tell
The burden is on the prosecution to prove that self-defense was not justification for the shooting. There is no burden for the defendant to prove that he couldn't retreat.

But he will have to prove that he believed he was in imminent danger of grave bodily harm or death, which is required by the law to justify the use of deadly force. Care to explain how he'll be able to do that?

98 posted on 01/17/2014 3:04:30 PM PST by DoodleDawg
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To: DoodleDawg

I do not believe that in all the, “I was standing my ground” defenses asserted in court in Florida, one has been successful yet. Everyone cites George Zimmerman, but his lawyers never cited SYG. I do know several that were not successful and the defendants are currently serving time. And one involved a defendant with a knife in Tampa.


99 posted on 01/17/2014 3:11:08 PM PST by sport
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An article from the Tampa Bay Times with pro and con positions.

Closer look at Curtis Reeves shows theater shooter's two sides


102 posted on 01/17/2014 3:21:29 PM PST by deport
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To: DoodleDawg
DoodleDawg said: "Care to explain how he'll be able to do that? "

In George Zimmerman's case, George cooperated with the cops to such an extent that his case was made by the videos taken by the cops.

Even in self-defense cases, I don't think the burden of proof shifts at all. The burden is on the prosecution to prove that no justification existed.

For example, the prosecution can call a witness to state that the victim never attacked, physically or verbally, the ex-cop. That would constitute evidence tending to show that a reasonable person would not have feared great bodily harm or death.

The problem for the prosecution is that the victim DID physically assault the defendant.

If a complete stranger, acting alone, came up to me and threw popcorn in my face, I would probably feel threatened but perhaps not enough to fear great bodily harm.

In the movie-shooting case, the two people were not complete strangers. There was anger probably on both sides. The victim appears to have been a large man and was certainly quite a bit younger than the shooter.

George Zimmerman had some problems due to a prior legal problem. If the victim in this case has a clean record, that will go a long way toward convincing a jury that such a man would not do anything so irresponsible that he would deserve shooting. Unfortunately, it does appear that the man threw popcorn in another man's face.

"Who does that?", is a question I have already asked. I don't do it. I wouldn't tolerate being around people who would do that. I suspect we will hear more about the victim before this case is over.

106 posted on 01/17/2014 3:33:14 PM PST by William Tell
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