@parados,
parados wrote:If Zimmerman created the circumstances through acts that weren't reasonable then his argument for self defense is weakened under the law.
There really is no reason for hand-waving arguments like this when the jury instructions are right there at your fingertips --- section 3.6(f) (
RTF) in this case. Let's take a look:
In its standard jury instructions, the state of Florida wrote:The use of deadly force is justifiable only if the defendant reasonably believes that the force is necessary to prevent imminent death or great bodily harm to [himself] [herself] while resisting:
- another’s attempt to murder [him] [her], or
- any attempt to commit (applicable felony) upon [him] [her], or
- any attempt to commit (applicable felony) upon or in any dwelling, residence, or vehicle occupied by [him] [her].
Insert and define applicable felony that defendant alleges victim attempted to commit.
The defense claims that Zimmerman reasonably believed that his use of force was necessary to prevent great bodily harm to himself while resisting a beating from Trevon Martin. (So I guess the applicable felony would be assault.) Because self-defense is not an affirmative defense in Florida (look at the table of contents for "3.6: Defenses"), the prosecution has to prove beyond a reasonable doubt hat Zimmerman couldn't possibly have held such a belief reasonably.
On the other hand, Florida also wrote:However, the use of deadly force is not justifiable if you find: [. . . ]
2. (Defendant) initially provoked the use of force against [himself] [herself]
The prosecution seems to be claiming that Zimmerman provoked the use of force --- either by starting the physical fight in the first place, or by the way he talked to Zimmerman. Again, it's the prosecution that has prove is claim. The defense needn't refute it.
And I don't see how the prosecution can prove this beyond a reasonable doubt. Witness Jentel (sp?) heard Martin ask, "why are you following me?" She also heard Zimmerman ask, "what are you doing here?" Zimmerman's words, however officious and unwarranted, are hardly fighting words; they do
not rise to the level of a provocation.
After that, Jentel heard the sound of bodies bumping into each other; then she heard the sound of bodies rolling around in the grass. But she had no way of hearing who attacked whom. So again, the prosecution hasn't proven that Martin didn't start the fight, or that Zimmerman provoked Martin into starting it.
And that's the best evidence that the state presented of what started the fight. It hardly eliminates a reasonable doubt of Zimmerman's guilt.