idiggory, King of Bards wrote:
See, but there the burden of proof is on the defendent, which makes sense. The prosecution shouldn't have to prove that the kid didn't hide their age.
But if that's actually how SYG works, I could walk up to anyone in an isolated section of Florida, force a fight, then murder them and claim self defense. If the burden of proof is on the prosecution, they have very little hope unless I was stupid enough to commit the crime where there was AV recording being done, killed him stupidly (like I put the gun in his mouth or something), or failed to make the fight believable.
I really, really, really hope the lawmakers in Florida weren't this stupid. It's believable that they were, but I have to have SOME faith in humanity. Maybe.
But if that's actually how SYG works, I could walk up to anyone in an isolated section of Florida, force a fight, then murder them and claim self defense. If the burden of proof is on the prosecution, they have very little hope unless I was stupid enough to commit the crime where there was AV recording being done, killed him stupidly (like I put the gun in his mouth or something), or failed to make the fight believable.
I really, really, really hope the lawmakers in Florida weren't this stupid. It's believable that they were, but I have to have SOME faith in humanity. Maybe.
Gbaji linked to a section of the Florida code that said quite clearly that the burden of proof is on the prosecution. Then again, the burden of proof is always on the prosecution. Who hasn't heard of a case where after the state calls its last witness, the defense moves to dismiss and the judge grants it because the state didn't prove their case? It happens all the time. It's usually not in cases as high-profile as this, but it still happens.
As far as the "start losing the fight and kill the other guy" part, the law is less clear, but seems to indicate that even if you initiate a fight, if you get to a point in the fight where the other party could break off the fight, but decides not to and you feel like you are in fear of your life or grave physical harm, you have the right to use lethal force.
As I said earlier, this case is going to come down to a judgement call on the shoulders of the special prosecutor. She's going to have to decide if there's enough evidence to convict Zimmerman. Not enough about how the fight started is known and there also appears as if there might be some conflicting witness statements as to who had the upper hand in the fight, which may or may not be important.