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Re: George Zimmerman Is WRONGc

Posted by Nilet on Tue Mar 24 22:51:42 2015, in response to Re: George Zimmerman Is WRONGc, posted by mtk52983 on Tue Mar 24 21:22:15 2015.

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1) Not if you don't have the appropriate mens rea

Are you seriously claiming that you can have a murder charge without a death? Or that a prosecutor trying to prove a murder charge wouldn't start by showing that a death occurred?

2) if it is not admissible the jury can't hear it

OTChat is not a jury.

3) Why am I not surprised you continue to misstate the law.

Ouch. Dunning-Kruger again.

Self-defense has to be affirmatively proven. If you can't prove your life was being threatened by the person you shot, then you are guilty of murder.

Zimmerman admitted that he was following Martin, who was trying to escape. That makes him the aggressor. The aggressor cannot claim self-defense by definition.

Since Zimmerman admitted he killed Martin and admitted that he was the aggressor, he is guilty of murder.

What happened before is not relevant except to refute the reasonableness of Zimmerman's belief...

Yes, and since "what happened before" proves that Zimmerman was the aggressor, it disproves his claim of self-defense.

... but based on the applicable jury charge that isn't enough to meet Prosecution's burden...

What burden? Zimmerman claimed self-defense. That's an affirmative defense. The burden of proof is on him to prove he was being threatened; since he admitted to being the aggressor, he obviously did not.

once Zimmerman made a prima facie case for being entitled to claim the affirmative defense

That doesn't actually mean anything. You're just spewing legal terms without knowing what they mean.

If you were trying to claim that Zimmerman made a prima facie case of self-defense, then you're wrong. Zimmerman admitted to being the aggressor; his claim of self-defense basically relied on him saying: "Black kids are crazy, right, wink wink, nullify nullify."

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