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Old 07-11-2013, 12:16 AM   #943
saden1
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Join Date: Feb 2004
Location: Seattle
Age: 46
Posts: 10,069
Re: Trayvon Martin Case

LOL...I may have to file a formal complain against you with the ABA. You certainly dont seem to know the law.

Here is something I googled and found posted on a Florida law firm's website that should eat away at your credibility.

Florida Criminal Law Defenses | Criminal Affirmative Defenses

Quote:
Florida Affirmative Defenses - Justification and Excuse
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Under Florida law, an Affirmative Defense is a defense that operates to avoid (or cancel) the legal effect of a criminal act, which would ordinarily subject the accused to criminal liability. In an affirmative defense, the defendant admits the truth of the essential act (the act forming the basis of the prosecutor’s allegations), but justifies or excuses the act so as to avoid being subjected to criminal punishment. *In effect, the defendant says: “Yes, I committed the act. However, I am not subject to criminal liability because, under the facts and circumstances of my case, the act was justifiable or excusable.”
*
For affirmative defenses raised in the course of a Florida jury trial, the defendant must present some evidence supporting an affirmative defense before the Court will grant a jury instruction on that defense. If the defendant presents evidence to support the instruction, then the jury will be instructed on the law as to that defense and will consider the defense during their deliberations. **
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