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Yo_Mama

(8,303 posts)

8. It really makes no difference

Reply to krispos42 (Original post)

Fri Jul 12, 2013, 07:51 AM

Jul 2013

The bottom line is that the jury has to believe you. If they don't, they will find you guilty of at least something.

Self-defense has to be asserted by the defendant, but there is no particular burden generally on how and when.

In some states, there are certain circumstances which will create a presumption of self-defense in the law, which may affect the ability to charge, but if it goes to trial, it's always in the end going to be the jurors' judgments.

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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