|
|
|
07-15-2018, 03:12 PM
|
Member
|
|
|
Join Date: Mar 2012
Posts: 5,829
Likes: 3,902
Liked 5,900 Times in 2,542 Posts
|
|
Quote:
Originally Posted by Johnrh
I guess I'm missing something. I thought the the point of the OP was on who has the burden of proving the shooting is self defense, the shooter or the prosecutor. It was not if you had the right to shoot to defend yourself. In FL the burden shifted to the prosecutor from the shooter. Big difference.
A part of that law,if i'm correct on that law, also said that if the shooting was justified then there could be no civil suit filed. That part of the law was overturned by the FL Supreme court.
|
You're entirely correct and so is the OP -- the topic is burden of proof and on whom it lies, the prosecution or the defense. Many posting in this thread aren't getting it and have gone in the weeds. You aren't missing a thing...
__________________
Pickpocket
|
07-15-2018, 07:59 PM
|
|
US Veteran
|
|
|
Join Date: Dec 2005
Location: Colorado
Posts: 8,075
Likes: 27,790
Liked 33,581 Times in 5,253 Posts
|
|
Quote:
Originally Posted by Hapworth
You're entirely correct and so is the OP -- the topic is burden of proof and on whom it lies, the prosecution or the defense. Many posting in this thread aren't getting it and have gone in the weeds. You aren't missing a thing...
|
The folks here who have actually worked in the system realize it changes nothing. The burden of proof has always been on the prosecution, and it still is. A person charged with a crime doesn't have to take the stand or put on a single witness.
No matter where you are, if you want the jury to believe you killed someone in self defense, you still will have to say SOMETHING. If you don't, you can bet the prosecution will put on a pretty good case that you didn't act in self defense. After all, your shooting was iffy enough to get yourself charged with a crime. If you want to sit on your hands, you can certainly do so. I would recommend you have someone put some dough in your commissary account for ramen noodles and hand lotion.
__________________
“What you got, ain’t new.”
Last edited by sigp220.45; 07-15-2018 at 08:40 PM.
|
The Following User Likes This Post:
|
|
07-16-2018, 10:20 AM
|
Member
|
|
|
Join Date: Jul 2014
Location: North Carolina
Posts: 159
Likes: 224
Liked 138 Times in 69 Posts
|
|
Quote:
Originally Posted by sigp220.45
The folks here who have actually worked in the system realize it changes nothing. The burden of proof has always been on the prosecution, and it still is. A person charged with a crime doesn't have to take the stand or put on a single witness.
No matter where you are, if you want the jury to believe you killed someone in self defense, you still will have to say SOMETHING. If you don't, you can bet the prosecution will put on a pretty good case that you didn't act in self defense. After all, your shooting was iffy enough to get yourself charged with a crime. If you want to sit on your hands, you can certainly do so. I would recommend you have someone put some dough in your commissary account for ramen noodles and hand lotion.
|
Not in Stand Your Ground cases, at least in FL. In FL there is a hearing before trial if you claim SYG. In that hearing, before the law, you had to prove it was justified not the prosecutor proving it was not justified. Now the prosecutor has to prove it was NOT justified. The burden of proof is now on the prosecutor.
You're now going to say "yeah, that's what I said" but no you would be wrong. It all depends on how the law is written for SYG cases. Like I said, prior to the law change in FL the burden of proof was on you that you were justified. It was "you're guilty, you prove you're not".
It's easy to equate SYG with SD but they are two different things.
Last edited by Johnrh; 07-16-2018 at 10:21 AM.
|
07-16-2018, 10:26 AM
|
|
Member
|
|
|
Join Date: Jan 2016
Posts: 1,530
Likes: 624
Liked 3,247 Times in 1,007 Posts
|
|
Quote:
Originally Posted by sigp220.45
The folks here who have actually worked in the system realize it changes nothing. The burden of proof has always been on the prosecution, and it still is. A person charged with a crime doesn't have to take the stand or put on a single witness.
No matter where you are, if you want the jury to believe you killed someone in self defense, you still will have to say SOMETHING. If you don't, you can bet the prosecution will put on a pretty good case that you didn't act in self defense. After all, your shooting was iffy enough to get yourself charged with a crime. If you want to sit on your hands, you can certainly do so. I would recommend you have someone put some dough in your commissary account for ramen noodles and hand lotion.
|
My disclaimer - I am not an attorney. I’ve seen cases in my state where the judge had disallowed (is that a word) a defendent from making a self defense claim during their trial. I guess the judge didn’t think the elements of the case supported self defense. I wonder if the Florida thing would prevent a judge from doing that?
__________________
Vegan by proxy.
|
07-16-2018, 10:55 AM
|
Member
|
|
|
Join Date: Jul 2014
Location: North Carolina
Posts: 159
Likes: 224
Liked 138 Times in 69 Posts
|
|
Quote:
Originally Posted by Ziggy2525
My disclaimer - I am not an attorney. I’ve seen cases in my state where the judge had disallowed (is that a word) a defendent from making a self defense claim during their trial. I guess the judge didn’t think the elements of the case supported self defense. I wonder if the Florida thing would prevent a judge from doing that?
|
If someone is making a SYG claim then that goes before a judge prior to any trial. As to SD claim I don't know, I guess in FL that is up to a jury as was done in the George Zimmerman case. Zimmerman did not argue SYG but SD. I don't see how he could argue SYG as he followed Martin. But, like you, I'm not an attorney. I wonder in the case you mentioned if the defendant asked for a judge rather than a jury trial.
|
07-16-2018, 01:59 PM
|
|
Member
|
|
|
Join Date: Apr 2017
Posts: 1,624
Likes: 2,003
Liked 1,653 Times in 809 Posts
|
|
Quote:
Originally Posted by Johnrh
Not in Stand Your Ground cases, at least in FL. In FL there is a hearing before trial if you claim SYG. In that hearing, before the law, you had to prove it was justified not the prosecutor proving it was not justified. Now the prosecutor has to prove it was NOT justified. The burden of proof is now on the prosecutor.
You're now going to say "yeah, that's what I said" but no you would be wrong. It all depends on how the law is written for SYG cases. Like I said, prior to the law change in FL the burden of proof was on you that you were justified. It was "you're guilty, you prove you're not".
It's easy to equate SYG with SD but they are two different things.
|
That hearing is ruled on by the judge. Judges have been bending laws since the beginning of this country. The reality is, and has always been that though supposedly innocent until proven guilty does not mean jack. People lose their jobs based on their arrest though they are tech innocent, they have to lose thousands of dollars while supposedly innocent. They lose RIGHTS while waiting trial even though they are innocent.
I have no sympathy for criminals, but a very small amount of the people arrested may very well be innocent. But they definitely will not be treated like they are innocent until proven so, and even then the repercussions will still linger.
|
|
|
Thread Tools |
|
Display Modes |
Linear Mode
|
Posting Rules
|
|
|
|
|