Trayvon Martin Case

[JoeRedskin]

Originally Posted by FRPLG

This really isn't hard to understand. Knowing full well the JR has repeatedly explained this I hesitate to even take a shot at it but here goes.

1. GZ must assert self-defense. ~ he has (police statements)
2. GZ must present evidence (testimony, circumstantial, etc..) to formulate a reasonable self-defense claim ~ he has (police statements plus a boat load of evidence has been presented)....here is where the wheels seem to be falling off for a few. This doesn't mean that ALL the evidence presented (weighed for believability and relevance) must add up to self-defense. It simply means the evidence presented, seen only favorably for GZ, must add up to self-defense. It doesn't matter whether you or anyone believes Good or finds the restimony of the EMT relevant, what matters is that what they say (and other evidence) presents a reasonable scenario of self-defense. Bam...face-value case made. It can't be argued. There has been evidence, that when seen only favorably for GZ, obviously adds up to self-defense. Someone explain how it doesn't.
3. Jury instruction WILL be made to adjudicate the merits of the self-defense claim.

Close, but, in light of Sipple, I don't think your step 2 is necessary - GZ's statement to the police is all that's needed. Bottom line, a "prima facia" showing requires only a very, very minimal production - for all practical purposes, it's the lowest standard of evidence out there.

Also, it's not that GZ has to present certain evidence, it's that the evidence actually submitted - regardless of its origin, "when seen only favorably for GZ ... adds up to self-defense". The "regardless of origin" is apparently a huge stumbling block for saden1.

Finally, under Sipple, the cases cited therein and subsequent case law citing Sipple, the instruction to the jury requires them "to adjudicate the merits of the self-defense claim" such that they must find that the prosecution has eliminated all reasonable doubt on one or more of the requisite elements of self-defense. If they do not believe the State has done so, they must acquit.