Day 9 testimony (Fridayy 7/5) [W:323,483]

[justabubba]

I did.

It varies a lot, state by state.

Essentially, SOME actual evidence of your claim must be provided. You can't just SAY you had to do it. Then it becomes the prosecutions job to refute your evidence.

absolutely wrong
the defendant is required to do nothing
the prosecution must demonstrate the guilt beyond a reasonable doubt
the defense only need appear at the trial

even the snipe hunt was not instructive. i was wrong in my prediction about that

 

[MaggieD]

absolutely wrong
the defendant is required to do nothing
the prosecution must demonstrate the guilt beyond a reasonable doubt
the defense only need appear at the trial

even the snipe hunt was not instructive. i was wrong in my prediction about that

I'm thinking you're wrong here. This is stuff we've talked about over and over again. Someone claiming self-defense must put on an affirmative defense. The state must prove he killed someone. Then the defendant must "affirmatively establish" that he acted in self defense.

 

[Oceandan]

I'm not sure how as a juror I'd take the lack of respect shown by the state's attorney with this witness. He's basically saying she's lying. She's saying she's being honest.

 

[Oceandan]

O'Mara is so cerebral. See how he introduced the non charges immediately after the state made SUCH a big deal about the witness KNOWING George was under investigation for "second degree murder".


The FACTS of the case are that GZ was NOT charged with second degree murder until a few months LATER!

Ok all you experts on "lying", did the prosecution just lie???

 

[Oceandan]

I'm thinking you're wrong here. This is stuff we've talked about over and over again. Someone claiming self-defense must put on an affirmative defense. The state must prove he killed someone. Then the defendant must "affirmatively establish" that he acted in self defense.

Florida law provide the prosecution has the burden of proof that self defense was NOT available to the defendant. The defendant has no burden of providing a case of self defense.

 

[justabubba]

I'm thinking you're wrong here. This is stuff we've talked about over and over again. Someone claiming self-defense must put on an affirmative defense. The state must prove he killed someone. Then the defendant must "affirmatively establish" that he acted in self defense.

defense chose not to present an affirmative defense, which would be heard by the judge, not the jury
in any instance, the state MUST present a case against the defendant to establish the defendant's guilt beyond a reasonable doubt
the defense, other than responding to the judge that they plead not guilty, is not obligated to utter another word

 

[ric27]

In FL he doesn't.

In other places he's required to make an "affirmative defense" to prove he killed legally. Not a "full" burden like the state in a straight murder case, but SOME burden of proving what he says happened, did.

You tried to slip this bull**** through....lol

Z can act like a potted plant if he wants to, He doesn't have to do squat. It's all on the state

Just look at him at trial. He looks like a potted plant

 

[sharon]

Florida Criminal Law Defenses | Criminal Affirmative Defenses

For affirmative defenses raised in the course of a Florida jury trial, the defendant must present some evidence supporting an affirmative defense before the Court will grant a jury instruction on that defense. If the defendant presents evidence to support the instruction, then the jury will be instructed on the law as to that defense and will consider the defense during their deliberations.



There are numerous affirmative defenses available in a Florida criminal case. The most common defenses of this type include the following:
•Self-Defense
•Defense of Others
•Defense of Property
•Necessity or Duress
•Involuntary Intoxication
•Voluntary Intoxication (abolished)
•Entrapment
•Abandonment / Withdrawal / Renunciation
•Insanity
•Independent Act

 

[sharon]

Florida Criminal Law Defenses | Criminal Affirmative Defenses

For affirmative defenses raised in the course of a Florida jury trial, the defendant must present some evidence supporting an affirmative defense before the Court will grant a jury instruction on that defense. If the defendant presents evidence to support the instruction, then the jury will be instructed on the law as to that defense and will consider the defense during their deliberations.



There are numerous affirmative defenses available in a Florida criminal case. The most common defenses of this type include the following:
•Self-Defense
•Defense of Others
•Defense of Property
•Necessity or Duress
•Involuntary Intoxication
•Voluntary Intoxication (abolished)
•Entrapment
•Abandonment / Withdrawal / Renunciation
•Insanity
•Independent Act

 

[MaggieD]

Florida Criminal Law Defenses | Criminal Affirmative Defenses

For affirmative defenses raised in the course of a Florida jury trial, the defendant must present some evidence supporting an affirmative defense before the Court will grant a jury instruction on that defense. If the defendant presents evidence to support the instruction, then the jury will be instructed on the law as to that defense and will consider the defense during their deliberations.



There are numerous affirmative defenses available in a Florida criminal case. The most common defenses of this type include the following:
•Self-Defense
•Defense of Others
•Defense of Property
•Necessity or Duress
•Involuntary Intoxication
•Voluntary Intoxication (abolished)
•Entrapment
•Abandonment / Withdrawal / Renunciation
•Insanity
•Independent Act

Thanks, Sharon. That's what I thought.

 

[ric27]

Florida Criminal Law Defenses | Criminal Affirmative Defenses

For affirmative defenses raised in the course of a Florida jury trial, the defendant must present some evidence supporting an affirmative defense before the Court will grant a jury instruction on that defense. If the defendant presents evidence to support the instruction, then the jury will be instructed on the law as to that defense and will consider the defense during their deliberations.



There are numerous affirmative defenses available in a Florida criminal case. The most common defenses of this type include the following:
•Self-Defense
•Defense of Others
•Defense of Property
•Necessity or Duress
•Involuntary Intoxication
•Voluntary Intoxication (abolished)
•Entrapment
•Abandonment / Withdrawal / Renunciation
•Insanity
•Independent Act

Z's own testimony. Evidence of his theory that he acted in self-defense.

Z doesn't have to do anything else. The prosecution must prove his guilt at trial beyond a reasonable doubt and must disprove Z's self defense claim

 

[sharon]

Thanks, Sharon. That's what I thought.

You're most welcome.