Skip to main content

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.

EMAIL TO A FRIEND X
Your Email has been sent.
You must add at least one tag to this diary before publishing it.

Add keywords that describe this diary. Separate multiple keywords with commas.
Tagging tips - Search For Tags - Browse For Tags

?

More Tagging tips:

A tag is a way to search for this diary. If someone is searching for "Barack Obama," is this a diary they'd be trying to find?

Use a person's full name, without any title. Senator Obama may become President Obama, and Michelle Obama might run for office.

If your diary covers an election or elected official, use election tags, which are generally the state abbreviation followed by the office. CA-01 is the first district House seat. CA-Sen covers both senate races. NY-GOV covers the New York governor's race.

Tags do not compound: that is, "education reform" is a completely different tag from "education". A tag like "reform" alone is probably not meaningful.

Consider if one or more of these tags fits your diary: Civil Rights, Community, Congress, Culture, Economy, Education, Elections, Energy, Environment, Health Care, International, Labor, Law, Media, Meta, National Security, Science, Transportation, or White House. If your diary is specific to a state, consider adding the state (California, Texas, etc). Keep in mind, though, that there are many wonderful and important diaries that don't fit in any of these tags. Don't worry if yours doesn't.

You can add a private note to this diary when hotlisting it:
Are you sure you want to remove this diary from your hotlist?
Are you sure you want to remove your recommendation? You can only recommend a diary once, so you will not be able to re-recommend it afterwards.
Rescue this diary, and add a note:
Are you sure you want to remove this diary from Rescue?
Choose where to republish this diary. The diary will be added to the queue for that group. Publish it from the queue to make it appear.

You must be a member of a group to use this feature.

Add a quick update to your diary without changing the diary itself:
Are you sure you want to remove this diary?
(The diary will be removed from the site and returned to your drafts for further editing.)
(The diary will be removed.)
Are you sure you want to save these changes to the published diary?

Comment Preferences

Meteor Blades, Thumb, Chi, Trendar, Christin, Shockwave, ChicDemago, hyperstation, rubyr, xynz, WI Deadhead, RFK Lives, expatjourno, hubcap, Heart of the Rockies, scribe, cfm, concernedamerican, 88kathy, TracieLynn, amsterdam, ask, sparko, retLT, k9disc, Lilyvt, SneakySnu, kharma, psnyder, annan, MrSandman, solliges, kj in missouri, chantedor, lcrp, AllisonInSeattle, KayCeSF, Emmy, Josiah Bartlett, Sybil Liberty, sawgrass727, Gowrie Gal, Brecht, nailbender, A Citizen, radarlady, Ckntfld, caul, subtropolis, Tonedevil, offred, Brooke In Seattle, Gary Norton, eru, sunbro, jeff in nyc, Tunk, Shotput8, turdraker, peacestpete, Alan Arizona, kathny, martini, RodSerling, redcedar, hlee1169, Ranchita, Patriot Daily News Clearinghouse, Kingsmeg, cybersaur, emeraldmaiden, koNko, fou, blueoasis, StrayCat, PapaChach, Unitary Moonbat, Clive all hat no horse Rodeo, Statusquomustgo, Aaa T Tudeattack, tegrat, old wobbly, pgm 01, Loudoun County Dem, HCKAD, cyncynical, carpunder, leonard145b, TomP, Empower Ink, End game, mconvente, pravin, Laughing Vergil, Lujane, rssrai, Cassandra Waites, carver, SmileySam, Gemina13, protectspice, rubyclaire, greengemini, bobatkinson, CanyonWren, Nebraskablue, WakeUpNeo, War on Error, shopkeeper, UnaSpenser, politicalceci, bfitzinAR, sfarkash, astral66, deviant24x, jpmassar, Leftcandid, catilinus, Larsstephens, BlueOak, LaughingPlanet, NJpeach, Susan Grigsby, mookins, VickiL, Lost and Found, JoanMar, DiegoUK, Yasuragi, slice, indubitably, misshelly, kerflooey, Front Toward Enemy, vahana, RedlandsDem, kpal711, marleycat, sethtriggs, dle2GA, akmk, BarackStarObama, RfrancisR, worldlotus, peregrine kate, chira2, VTCC73, Marihilda, SteelerGrrl, YaNevaNo, anodnhajo, IndieGuy, nellgwen, midgebaker, orangecurtainlib, a2nite, Deep Texan, 2thanks, belinda ridgewood, Free Jazz at High Noon, MartyM, doroma, lunachickie, cassandracarolina, marty marty, Glen The Plumber, BobTheHappyDinosaur, Lily O Lady, nomandates, Clarity1, doesnotworkorplaywellwithothers, JayRaye, howabout, Mannie, OjaiValleyCali, Illinois Soccer Mom, NT Toons, El Bloguero, Dodgerdog1, OldSoldier99

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site