Self-defense: Duty to retreat or Stand your ground

[zipplewrath]

10. Because he's dead

If both men were still alive, there would be much to sort out. But because one is dead, all there is to sort out is the testimony of the living guy. As soon as you try to "accuse" him, he gets the "benefit of the doubt" and the law is very accommodating to him. If the other guy was still alive, he could be accused, and the benefit of the doubt would tend to protect him. You've heard of "he said, she said". This is the even more frustrating situation of "he said, the others dead". Truth is, a story could be spun that would result in NEITHER guy being guilty of a crime. They each just have to establish that they had a reasonable fear and were defending themselves.

Everyone "knows" what happened here. But really, considering the paupacy of evidence that could be and would be presented at a trial, under a "presumption of innocence" and "reasonable doubt" standard, could you convict this guy if you were on the jury?