Trayvon Martin Case

[saden1]

Originally Posted by JoeRedskin

(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.

It is not his "burden to create doubt".

So basically the state can present evidence and all Zimmerman has to do is show up to court? He is not obligated to take an active role in demonstrating why the state's claims should be doubted?

If you're going to claim self-defense you must show it was self-defense. If you're going to claim insanity you must show you are insane. All you're doing is circling the wagon and avoiding the heart of the matter. Has the state demonstrated enough evidence to convict? I believe it has. Has Zimmerman provided enough evidence to create reasonable doubt? You seem to think so without actually saying "there is a level of burden on the defense in a self-defense case to refuted the evidence presented by the prosecution and create reasonable doubt in the minds of the jurors."

As for Good, any witness that changes their story is suspect. Which version of his story should we believe? Or should we just dismiss his testimony outright? If I am a juror, I dismiss his testimony as not credible. As for the EMT, his testimony adds little value except to say he was injured. I don't who initiated the altercation but I do know who was stalking who, and who violated reasonableness therefore I will dismiss his testimony as peripheral.

You can attack me all you want and make snide comments but I tell you what, I've put my money where my mouth is and I stand by everything I have said in this thread. We'll know who was right and was wrong wrong wrong soon enough.