Page 711 - Instruction News Today

>> as it relates to that instruction, your honor, the first line really isnt in dispute with the exception the name change, that being at issue in this case is whether george zimmerman acted in self-defense. the next difference is in the next sentence. it is a defense to mr. west has sa sa said -- >> id like to argue my own instruction rather than having mr. mantei. >> i see what the differences are. the difference in what the lesser included offenses are. >> correct. i dont have an objection to...

Italicized, florida statutes, the use of deadly force is justifiable. it is that section. when you -- >> but it says give, if applicable. >> xwlek. 782.02 is entitled. this is the statute under homicide, it is justifiable use of deadly force. that is what section 782.02 is. my argument is this is a homicide case and therefore that is mandatory. that is -- the reason its referenced in the standard instruction, its a homicide and therefore if theyre seeking a request or justified deadly force. >> ...

Instruction because unless the victim was doing that we dont have this situation. so if they dont want to allege that trayvon martin was committing any forcible felony upon the defendant, then what theyre -- my argument would be what theyre telling the court is they dont believe this is justifiable use of deadly force. didnt take it for a second thats their argument. thats the reason i put this language in here. >> response. >> yes. the state is seeking this instruction as part of a larger schem...

Felony or in his house. thats the use of -- >> no. >> thats the justifiable use of deadly force. >> no. we disagree. >> then give me indication law that says that thats the wrong interpretation. >> look under the standard instructions, the standard instructions actually i have both, i have the proposed ones as well that the court directed us to, the court is looking at the wrong part of the instruction. give if applicable under 776.012 and 776.031, a person is justified in using deadly force if ...

Authori authority, 840 southern 2nd 423, fifth dca, 2003. suggested instruction raised great bodily harm in the context of aggravated battery means great harm is distinguished from slight, trivial, minor or moderate harm and as such does not include mere bruises as are likely to be inflicted in a simple assault and battery. that would be if the court was giving the instruction on the justifiable use of deadly force, that included the force of it being inflicted on the defendant, is that correct?...

Isnt the law. >> response? >> i disagree. the standard jury instructions for any defense, self-defense, anything, there is no definition anywhere. thats the reason the courts have given it. self-defense isnt sort of some special circumstance. the fact is the phrase, great bodily harm, is used in an instruction. whether its in the self-defense instruction or whether its in connection with another instructions isnt the point. the point is the court said, all these courts said, the standard jury in...

I hope we protect the record in that regard. >> okay. >> any objections to the proposed final draft of the jury instructions? that would be changing the lesser included crimes to just allege manslaughter, taking out the charge on felony murder, the justifiable homicide after that, the possession of firearm and discharge causing death after that instruction, and there is a blank page. the next charge is the manslaughter, justifiable use of deadly force, plea of not guilty, date of crime, venue, w...

I have both in front of me. >> at the courts request, i did attempt to incorporate much of the proposed language from the current proposal being considered by the supreme courts jury instruction. >> just a second, mr. west, are you caught up to the justifiable use of deadly force? >> no. >> let me know when youve got it in front of you. >> were skipping over the proposed lesser included of third degree murder based on child abuse? >> yes, we are. were now onto the justifiable use of deadly force...

>> based upon statement of 39.252 the court will give the instruction on manslaughter. humans. even when we cross our ts and dot our is, we still run into problems. namely, other humans. which is why at liberty mutual insurance, to policies come with new car replacement and accident forgiveness if you qualify. see what ee comes standard at libertymutual.com. liberty mutual insurance. responsibility. whats your policy?

Say george zimmermans statements? sn>> yes. >> thank you. >> the instruction on notes, the indication yesterday there was flow objectio no objection. does that remain the same? >> yes, your honor. >> cautionary instructions, no objection yesterday, does that remain the same? >> yes, your honor. >> verdict. no objection yesterday, does that remain the same? >> yes, your honor. >> defense? >> yes. thats fine. >> submitting the case to the jury, no objections yesterday, does that remain the same? >...