@hawkeye10,
Quote:Liar....the jury will be instructed that if they believe it more likely than not that George was defending himself from imminent harm then they can not rule him guilty of the charges as he as immunity from the charges.
Don't call me a liar because you are too stupid to understand either the law or my posts.
I was discussing an immunity hearing, to correct the misinformation that BillRM had posted on that issue. There is no jury at an immunity hearing, the decision about whether to dismiss rests with a judge, and the standard of proof is a preponderance of the evidence.
In addition, BillRM seems to feel that, in the state of Florida, one can shoot and kill another person, simply claim self defense, and have that claim accepted without question or the need for any convincing evidence--in fact, BillRM seems to consider it an affront that anyone would have to legally justify why they committed a homicide. It's that kind of thinking that exposes the substantial problems with the Stand Your Ground law--some morons think it gives them a license to kill. And that's one reason that, right now, there are hearings going on in Florida to revise the problematic Stand Your Ground law.
BillRM has repeatedly asserted, quite inaccurately, that at an immunity hearing there is no burden of proof on the defendant to establish that a homicide, that they committed, was a justified act of self defense. He obviously does not know what he is talking about. The immunity hearing is a defense motion to dismiss the charges--and the defense must submit arguments and evidence in support of their motion. The burden of proof is clearly on the defendant at an immunity hearing--as is evident in the article you yourself just posted.
Quote:
A defendant charged with a crime who wants to raise Stand your Ground files a motion to dismiss claiming stand your ground immunizes him from prosecution...
A hearing is held before trial.
The burden is on the defendant to prove by a preponderance of evidence that stand your ground immunity applies.
http://www.talkleft.com/story/2012/4/12/194725/132
And, let's look at your next statement...
Quote:....the jury will be instructed that if they believe it more likely than not that George was defending himself from imminent harm then they can not rule him guilty of the charges as he as immunity from the charges.
You are, again, wrong. Your statement is filled with inaccuracies. The standard of proof at a criminal trial is not "more likely than not"--it is beyond a reasonable doubt, and there is no "immunity" in a criminal trial. Again, not only is your thinking, regarding the differences between an immunity hearing and a trial, hopelessly muddled and confused, you, as usual, don't even read, or understand, the material that you yourself have posted.
Quote:The prosecution must prove his guilt at the jury trial beyond a reasonable doubt. Which means, if the defendant raises self-defense or stand your ground at trial and gets the jury instruction, the state, which has the burden of proving guilt beyond a reasonable doubt, must disprove self-defense.
http://www.talkleft.com/story/2012/4/12/194725/132
In effect, the state's burden of proof in a criminal trial, where the defendant alleges self defense, is no different than the burden of proof in any other criminal trial--the state must prove, beyond a reasonable doubt, that the defendant committed the criminal act with which he is charged. Proving that the act was criminal serves to refute and disprove the claim of legally justifiable self defense, because the state would have established the elements of a crime and linked those elements to the defendant's behavior--just as would be the case in any criminal trial.
But, the post of mine you responded to had nothing to do with trials--I was clearly discussing
immunity hearings.
That you read my post, firefly (Post 4970891)
http://able2know.org/topic/188223-33#post-4970891,
which only referred to an immunity hearing, and concluded, that I am "a liar"--and supported that bizarre conclusion by irrelevantly referring to jury instructions at a trial, suggests quite substantial comprehension problems on your part. In fact, you are so dim, you actually went on to post information that quite clearly supports what I said about immunity hearings, in the context of trying to prove me wrong--which makes absolutely no sense at all.
You and BillRM are always woefully out of your depth on any discussion of actual laws, legal issues, and legal proceedings. And, lacking the ability to participate in a genuinely informed and knowledgeable discussion of legal issues, you post all sorts of misinterpretations, distortions, confused and muddled issues, and unfounded personal attacks on others, in rather silly attempts to disguise your own ignorance. You really save me the effort of pointing out what fools the two of you are because you both do a very good job of proving that all on your own.