Quote:
Originally Posted by saden1
1. Again, I am saying that if the defendant is claiming self-defense then burden is on him to create doubt by providing evidence to the contrary. Nothing Zimmerman's defense team has shown places doubt as two who initiated the attack only that Zimmerman sustained non-threatening injuries while Martin sustained a gun shot to the heart. You seem to think this is a win for the defense and I do not. All he has to show is a few buries and conflicting witness statement neither of which necessary refuted a larger body of circumstantial evidence.
2. All Zimmerman so far is say "i have scars on my head" and I don't believe that to be sufficient to create doubt. Even if the scars life threatening there isn't sufficient evidence that who attacked who. As for Goods, he isn't credible and I wouldn't place much value in his testimony
I will ask you again, what is Affirmative Defense? |
(1) Your just f'ing wrong on how you are applying the law. It is not his "burden to create doubt". Read the F'ing case law OMT googled and the jury instructions and tell me how your assertion is consistent with them.
(2) So you entireely discount the EMT's assertion that a person exhibiting GZ's injuries would probably be in fear for their medical safety and concerned about concussive or brain injuries. Doesn't cause you the tiniest bit of doubt. Good isn't credible?? The one guy who had a close up view of the altercation as it was occuring? And his testimony that GZ was screaming for help is just flluff?
Affirmative defense is a defense raised by the defending party.
In a civil matter, to gain the benefit of the affirmative defense, the defendant raising it must prove all its elements by a preponderance of the evidence. If he does so, plaintiff must then rebut the defense by disproving one or more elements by a preponderance of the evidence or his claim will fail.
In a criminal matter, whether raised by the defendant or fairly generated by the State's evidence, once a prima facie case has been made (i.e. viewing the facts in evidence, and
any reasonable inferences drawn from them, in a light most favorable to the defendant, they create the
possibilty of a jury question), the burden is then upon the state to eliminate all reasonable doubt as to one or more of the elements of the affirmative defense. If they fail to do so, a verdict of not guilty is required.