Burden of proof in FL stand your ground hearing

[bushmaster1313]

Who will have the burden of proof and what will the standard of proof by in Mr Zimmerman's stand your ground hearing?

Will hearsay be admissible?
Expert testimony?

 

[Kleanbore]

To be granted immunity from prosecution, Zimmerman will have to convince the judge that a preponderance of the evidence indicates that his use of deadly force had been lawfully justified.

 

[MtnCreek]

a preponderance of the evidence indicates

Can you explain what this means?
Thanks.

 

[henschman]

It means that it is more likely than not.

 

[brickeyee]

Preponderance of the evidence, the normal civil standard (as opposed to 'beyond a reasonable doubt' the criminal standard).

He also MUST provide evidence, unlike a criminal defendant.


Thnk like 50% plus a little more.

 

[bushmaster1313]

If the Judge finds no stand your ground at the hearing is the defendant still allowed to argue that defense to the jury?

What will the burden be there?

 

[bushmaster1313]

Florida Supreme Court case on pre-trial Procedure on stand your ground.
Not easy to get a case dismissed pre-trial

http://www.floridasupremecourt.org/decisions/2010/sc09-941.pdf

Likewise, we hold that a defendant may raise the question of
statutory immunity pretrial and, when such a claim is raised, the trial
court must determine whether the defendant has shown by a
preponderance of the evidence that the immunity attaches.

Now, what happens at trial if the defendant does not win the motion.
Can the jury say "there is a reasonable doubt that he is not guilty because he could have been acting in self defense"?

 

[Deltaboy1984]

Yes a jury can say not guilty to anyone they want too.

 

[Cosmoline]

It's strange and complex. As I understand it, the IMMUNITY is being considered by the criminal court. The AFFIRMATIVE DEFENSE is another matter, and would be a matter for the jury to determine as usual. The court has to determine pre-trial if the evidence by preponderance supports self defense. If the court does, then the case is over and the defendant immune from prosecution. If the court does not, the defense still survives for trial. That's as I understand it. The whole thing is pretty weird.

 

[bushmaster1313]

The right to self defense:

“[a] person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.” § 776.013(3), Fla. Stat. (2007).

The Stand your ground law, as held by the Florida Supreme Court, provides a procedural method to avoid a trial altogether.

Section 776.032, which
became effective October 1, 2005, provides:
(1) A person who uses force as permitted in s. 776.012, s.
776.013, or s. 776.031 is justified in using such force and is immune
from criminal prosecution and civil action for the use of such force,
unless the person against whom force was used is a law enforcement
officer, as defined in s. 943.10(14), who was acting in the
performance of his or her official duties and the officer identified
himself or herself in accordance with any applicable law or the person
using force knew or reasonably should have known that the person
was a law enforcement officer. As used in this subsection, the term
“criminal prosecution” includes arresting, detaining in custody, and
charging or prosecuting the defendant.
(2) A law enforcement agency may use standard procedures for
investigating the use of force as described in subsection (1), but the
agency may not arrest the person for using force unless it determines
that there is probable cause that the force that was used was unlawful.
(3) The court shall award reasonable attorney‟s fees, court
costs, compensation for loss of income, and all expenses incurred by
the defendant in defense of any civil action brought by a plaintiff if
the court finds that the defendant is immune from prosecution as
provided in subsection (1).- 8 -
§ 776.032, Fla. Stat. (2006).

If Zimmerman can convince the Judge by a preponderance of the evidence that he met the requirements the case is dismissed and he gets his attorneys fees.

 

[Kleanbore]

Folks, the subject here is the hearing to determine whether or not the accused is immune from prosecution--and that's it.

 

[Kleanbore]

Asked and answered.