Page 712 - Instruction News Today

Theyve tried so vigorously to prevent an instruction on that charge. theyve tried to emphasize where self-defense begins. i think theyre wrong but theyre emphasizing when these two get into some type of alter kags and theyre trying to minimize the effect or the impact of what george zimmerman did to reach the point where they had an altercation. i think theyre going to say he brings the responsibility of bringing a gun to the situation, disobeying the police, disobeying the homeowners associatio...

>> in any event, ill look at that. >> i want to make sure i give you the right citation. >> its clear that the state must convince the court that the unique facts of this case -- >> of course. always the facts have to fit into it. thats not the issue. the issue is whether or not, if the facts fit into it, do they get a second degree -- second category 2 instruction. >> there is the states proposed special jury instruction regarding the definition of great bodily harm as well. >> im sorry. >> my ...

So, there is no other instruction, i think, thats as -- as specific, as poignant, as appropriate to help the jury define -- to help the jury analyze the evidence in this case than this particular instruction. it could not be said to confuse the jury. in fact, it gives them the guidance that they desperately need in a case just like this one. so, of course, while the court has discretion, the discretion should be exercised here to give this instruction. its perfectly proper. anyone have occasiona...

What isnt. so if its illegal to follow somebody to tell the police where theyre going, there better be a law against it, otherwise you cant say its illegal to do that. >> youre repeating your argument. ive heard the argument from both sides. i am not giving that instruction. >> we submit thats an integral part of our theory of defense and the court is in error by not instructing this jury properly on the law. >> i understand. ive already ruled and you have -- you continually disagree with this c...

>> isnt that the truth? isnt that the truth? the victim didnt get to choose anything, did he? or anyone. the instructions the court will read to you will tell you in part charged the defendant with second degree murder. the verdict should be for the highest offense committed. your duty is if you find guilty of the highest crime. if not, you go to the lesser clam. manslaughter, an intentional act which results in the death. excusable or justifiable. you will get the instruction about actions. the...

Florida. steve? >> shepard, its likely that the bloody photos of george zimmerman will be front and center in the final arguments of the defense tomorrow. also, its likely that those seven witnesses who claimed they heard george zimmermans voice crying out for help on those 911 tapes will also play a key role in their arguments. in addition, what could become key will be the judges instruction to the jury. expected to last about 15 minutes. she has added the charge of manslaughter to that second...

Have to have any injury to have a reasonable fear that your life was in danger. if i were the defense lawyer, id say juror number 3, when you go back to the jury room, thats the instruction. remind your jurors. he doesnt have to have any injury. >> i wouldnt be in reasonable fear if i had a gun and a 17-year-old was in front of me. >> i think its important, youll see later. well show you what its like back there. how dark it is. panel, stay with us. well have much more to talk about. right now, ...

This? >> i believe so. i believe it was a culmination of downward force whether it was from pushing or striking, and i know clearly by the injuries to his face and that would drive him back, his head striking hard into the concrete. >> you know, its almost like when i saw that i thought why did the prosecutor use that prop? wasnt that a prosecutors prop? handed something to the defense? whose side is he on? >> tetd was next to me last night during the show but i guess the dummy was in florida. >...

States proposed instruction. >>d i did just for comparison purposes. >> and then there is a circumstantial evidence requested from the defense. any objection by the state? >> there is. ive provided a case 757 section 655. 1999. citing the 1981 opinion standard jury instructions in krenl cases. the instruction requested here by the defense has been eliminated by the supreme court. it was eliminated over 30 years ago. and the reason it was eliminated as is made clear on page two of the opinion at ...

And going to get approached by the prosecution. >> wait a minute, they still have to look at the toto tallity of circumstances back then, dia diana, we want to know what was in george zimmermans mind, and what was with trayvon martin, who cant talk about us when were dead. what was in trayvon martins mind, nothing to do with the jury instructions, nothing whatsoever, whatsoever, nothing. >> you know, i guess it depends, at what point is the real point of aggressiveness. does trayvon martin throw...