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dkf

(37,305 posts)

1. Your uncle is right.

Reply to krispos42 (Original post)

Fri Jul 12, 2013, 03:58 AM

Jul 2013

If the judge rules that defendant affirmed self defense by preponderance of the evidence, she will give the jury those instructions. The jury must find it was not self defense beyond a reasonable doubt.

That is my understanding of Florida law from what I have been reading.

Even if he started the provocation if he could not retreat, he can assert self defense.

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Request a clarification of "justifiable homicide" defense. [View all] krispos42 Jul 2013 OP

Your uncle is right. dkf Jul 2013 #1

This is a Florida-specific legality, then? krispos42 Jul 2013 #2

Z had to affirm it was self defense by preponderance of evidence. dkf Jul 2013 #3

The defendant does not even need to meet a preponderance standard onenote Jul 2013 #5

Self defense is legal in all 50 states. ... spin Jul 2013 #4

Should every self-defense case go to a jury? davidn3600 Jul 2013 #6

Here are the jury instructions for this trial. Travis_0004 Jul 2013 #7

But isn't that instruction only given if the judge finds that the self-defense charge is supported? Yo_Mama Jul 2013 #9

In a jurisdiction such as Florida, its generally a question for the jury onenote Jul 2013 #10

Thanks - I know state law has a lot to do with it and this is not my bag Yo_Mama Jul 2013 #11

It really makes no difference Yo_Mama Jul 2013 #8