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dkf

(37,305 posts)

3. Z had to affirm it was self defense by preponderance of evidence.

Reply to krispos42 (Reply #2)

Fri Jul 12, 2013, 04:36 AM

Jul 2013

If judge agrees she gives jury instructions to consider self defense which would work for 2nd degree murder and manslaughter.

Then jury must decide if it was self defense or not. Standard is beyond a reasonable doubt that it was not self defense.

And yes it is a Florida thing and seems to be on the liberal side in terms of favoring the defendant.

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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