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View Diary: Yet Another Ruling against Trayvon -- Audio Experts excluded from Trial (155 comments)

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  •  Not correct under Florida law. (3+ / 0-)
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    Neuroptimalian, Dogs are fuzzy, VClib

    As long as a defendant raises a prima facie case of self-defense then the burden shifts to the prosecution to prove it beyond a reasonable doubt.  

    So, here's what the jury will be instructed:

    If in your consideration of the issue of self-defense you have a reasonable doubt on the  question of whether the defendant was justified in the use of deadly force, you should find the defendant not guilty.
    That clearly means the burden of proving, beyond a reasonable doubt, that Zimmerman did not act in self-defense rests with the prosecution.  Basically, if there's enough for the judge to give the jury instruction on self-defense and what it is and what it is not, the jury will also be told that the burden is on the prosecution to prove, beyond a reasonable doubt, that it was not self-defense.  

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