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The Range
Law & Order
Stand Your Ground law coming under scrutiny due to the Zimmerman/Florida incident
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<blockquote data-quote="SMS" data-source="post: 1777181" data-attributes="member: 42"><p>Here's another good brief to describe the roles and responsibilities in an Affirmative Defense. Mr. Zimmerman cannot just sit in the courtroom without representation and rely on the prosecution's burden of proof. He, as the defendent must, quoting from this brief, "place before the jury sufficient proof to generate a jury instruction on the particular defense theory sought."</p><p></p><p><a href="http://www.fd.org/pdf_lib/beneman_affirmative_defenses_materials.pdf" target="_blank">http://www.fd.org/pdf_lib/beneman_affirmative_defenses_materials.pdf</a></p><p></p><p>Another good quote: "Self defense is an affirmative defense to assault, but by asserting self defense the defendant admits to the assault then gives a legal reason why guilt does not attach to the conduct."</p><p></p><p>In other words...even though self defense is written into the law as an affirmative offense, Zimmerman and his legal team still have to prove <em>that it applies</em> to this case.</p></blockquote><p></p>
[QUOTE="SMS, post: 1777181, member: 42"] Here's another good brief to describe the roles and responsibilities in an Affirmative Defense. Mr. Zimmerman cannot just sit in the courtroom without representation and rely on the prosecution's burden of proof. He, as the defendent must, quoting from this brief, "place before the jury sufficient proof to generate a jury instruction on the particular defense theory sought." [url]http://www.fd.org/pdf_lib/beneman_affirmative_defenses_materials.pdf[/url] Another good quote: "Self defense is an affirmative defense to assault, but by asserting self defense the defendant admits to the assault then gives a legal reason why guilt does not attach to the conduct." In other words...even though self defense is written into the law as an affirmative offense, Zimmerman and his legal team still have to prove [I]that it applies[/I] to this case. [/QUOTE]
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Stand Your Ground law coming under scrutiny due to the Zimmerman/Florida incident
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