Quote:
Originally Posted by JoeRedskin
For all those carrying pitchforks and torches, would your emotions be so inflamed if TM had killed Z under the exact same circumstances for which you say Z stands accused? i.e. - After following and verbally confronting an unarmed homeowner who TM subjectively thought was acting suspiciously, TM shoots and kills the homeowner because the teen was beginning to lose a fight that no one knows who started.
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TM would be guilty.
i see zimmerman getting man 1 or 2.
Z contributed to there being a confrontation. Z may have been in fear of his life subjectively but just getting punched a few times doesnt rise to the level of an objective "kill or be killed" situation.
also you mentioned that it was unfavorable for the prosecutor to allow the professor witness say that a person needs to be subjectively in fear of death. to my understanding, while not helpful to the prosecutor, it is the correct recitation of law re lethal force self defense. although i wouldnt have allowed it. i would have told the judge that it would be improper to allow this character witness to testify as to the law of Florida as the judge will properly do as in her closing jury instructions as well as argue he was unqualified in voir dire .. although that would be odd to try and disqualify your own witness ..
a person fear needs to be reasonable (objective = reas person in his position would think they are going to die) and subjective (the person actually thought they were going to die)
ill try to come up with a hypo to illustrate (im sure it will be flawed)
1) A points gun at B and says "i'm going to kill you". B thinks he is going to die. B pulls out his own gun and shoots A.
- any reas/objective person would be in fear of their life. B was in actual/subjective fear for his life. = justified lethal self defense
2) A points gun at B. B knows the gun is not loaded and doesnt possess a threat. B pulls out his own gun and shoots A.
- any reas person would be in fear of having a gun pointed at them. However, B did not have any actual fear bc he knew the gun was not loaded.
now this hypo is flawed a bit b/c i think technically the test for passing the reas person standard wouldnt be "would a reas person fear for their life
when a gun is pointed at them" but "would a reas person fear for their life when an unloaded gun is pointed at them".... but i tried. coming up w perfect hypos are hard.