OK

This will not be much of a diary, but it explains so much to me, and hopefully, to others.  

Judge Debra Nelson did not instruct the FL v Zimmerman jury that:

an aggressor cannot claim self-defense and that a person who aggressively follows another person is an aggressor.
Notice this instruction is absent from Judge Nelson's instructions to the jury, which I'll quote below the Fleur-de-Kos.

A person is justified in using deadly force if he reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself.

In deciding whether George Zimmerman was justified in the use of deadly force, you
must judge him by the circumstances by which he was surrounded at the time the force was used. The danger facing George Zimmerman need not have been actual; however, to justify the use of deadly force, the appearance of danger must have been so real that a reasonably cautious and prudent person under the same circumstances would have believed that the danger could be avoided only through the use of that force. Based upon appearances, George Zimmerman must have actually believed that the danger was real.

If George Zimmerman was not engaged in an unlawful activity and was attacked in any
place where he had a right to be, he had no duty to retreat and had the right to stand his ground and meet force with force, including deadly force if he reasonably believed that it was necessary to do so to prevent death or great bodily harm to himself or another or to prevent the commission of a forcible felony.

In considering the issue of self-defense, you may take into account the relative physical abilities and capacities of George Zimmerman and Trayvon Martin.

If in your consideration of the issue of self-defense you have a reasonable doubt on the question of whether George Zimmerman was justified in the use of deadly force, you should find George Zimmerman not guilty.

However, if from the evidence you are convinced beyond a reasonable doubt that     George Zimmerman was not justified in the use of deadly force, you should find him guilty if all the elements of the charge have been proved.

Complete instructions (PDF, 27 pages) here.

hat tip: amsterdam

1:45 PM PT: Updated with Video


Originally posted to MINE on Wed Jul 17, 2013 at 10:28 AM PDT.

Also republished by Trial Watch and Barriers and Bridges.

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