General Discussion
In reply to the discussion: Juror in 'Loud Music' Trial Wanted Murder Conviction [View all]DallasNE
(8,018 posts)But even that is a higher standard than "sufficient" so there is a conflict in the language between the standard for in the wording of the law and the language in the jury instructions. Indeed, I would think the prosecution should cite case law showing the parameters of a similar case where the defendant was found guilty. As it is these juries are left dangling over vague words like "reasonable", "justify" and "sufficient". That is about 32 shades of gray right there so it invites mistrials. Then when the prosecution has to disprove a person's state of mind by showing that the person is lying because nothing they did indicates any degree of fear. It is the same bar that has to be crossed when a police officer fatally shoots an unarmed man. The police officer says the victims hand was reaching toward his waistband even though there is nothing in his waistband that would represent any type of threat. Doesn't matter. Unless it is on film the benefit of the doubt goes to the shooter. The victim is deemed responsible for his own death. That is what O'Mara kept hammering home in the Zimmerman trial.