General Discussion
In reply to the discussion: Dunn created the confrontation, made it deadly & under FL's insane laws, the prosecution was limited [View all]Jerry442
(1,265 posts)I once did a post similar to this, but since SYG has been in effect for a while, it seems worth revisiting.
Imagine, person #1 and person #2 are walking down the street toward each other. As they draw close, #1 reaches into his coat, draws a handgun, and shoots #2 several times in rapid succession, killing him. There are eyewitnesses, but since they were not paying any special attention to either person before the gunshots, eyewitness testimony is vague and conflicting.
Person #1 claims that #2 appeared to be armed, had a hostile manner about him, made a threatening gesture, and appeared to be about to draw a weapon, although no weapon was found. In short, #1 states that he was in fear for his life and "stood his ground." Person #2 is silent, being dead.
Here's my question: in an SYG state, does the prosecutor have to prove beyond a reasonable doubt that #1 did not fear for his life to get a second-degree murder conviction? If that's so, how could the prosecutor possibly prove that?
Add to the mix, maybe #2 wasn't a saint. Maybe #2 had past encounters with law enforcement. Wouldn't that make the prosecutor's job even harder, even if #2's past wasn't technically admissible at trial?