General Discussion
In reply to the discussion: Zimmerman has already been proved guilty, now it's just a question of punishment. [View all]last1standing
(11,709 posts)But Zimmerman's admission that he did in fact kill Martin goes a long way to establishing that element. As for the mens rea (intent), that is entirely a different matter and really the crux of this case. Did Zimmerman kill Martin in the midst of a fight he had started or did he get set upon and shoot out of self defense for fear of his life?
While Florida's jury instructions state that the defendant only needs to prove that he reasonably feared for his life or grievous bodily harm, it may still be difficult for Zimmerman because he still needs to present a reasonable argument that either he was attacked or that he believed Martin had a lethal weapon. I'm not sure either of those defenses will be so easy to argue.
If Zimmerman tries to say that he was minding his own business and Martin attacked him with no cause, it flies in the face of who was in that place at that time for what purpose. It has been established that Martin was on his way back home after purchasing candy and iced tea from a local shop while Zimmerman was looking for suspicious people as part of his duties in the neighborhood watch. That already sets up a predisposition that it was Zimmerman who had a reason to confront Martin, but no reason for Martin to confront Zimmerman. When we add to this that the authorities had already told him to stay in his vehicle but he left it anyway, a reasonable person will generally ask why he did so if he believed the stranger could be dangerous.
If Zimmerman argues in the alternative that even if the jury believes he put himself in a dangerous situation and did confront Martin, he then has to make them believe he reasonably thought Martin had a lethal weapon and that he was prepared to use it. Even though it was dark, I think the defense will have a hard time convincing a jury that a reasonable person would mistake an iced tea and a bag of candy for a lethal weapon, especially if any time was spent on words which would have allowed a reasonable person to assess the physical situation. And since there was a 50lb size difference in Zimmerman's favor, he isn't likely to succeed in claiming that he was in fear for his life from a smaller person.
On Zimmerman's side are his wounds. There has been much said about them on both sides but the only people who matter are on the jury. I think the entire case will boil down to whether the jury believes Zimmerman's wounds were severe enough to make him fear for his life. From the evidence I've seen, I'd be skeptical but others obviously feel differently.
So either way, both parties have a Helluva battle to prove their theory of the case. I will say that in nearly any state but Florida, Zimmerman would be in big trouble.