Page 714 - Instruction News Today

Otherwise you cant say its illegal to do that. >> ive heard the argument from both sides. aim not giving that instruction. >> we split thats an integral part of our theory of the defense and the court commits error by not instructing the jury properly on the law. >> i understand. ive already ruled. and you continually disagree with this court every time i make a ruling. i have provided you on three separate occasions with the courts professional conduct in the courtroom. and included in that is ...

Evaluate the response from the bench. how has she done, from your perspective? >> i can see tiles that he gets testy the defense, but honestly, whether people say she always rules against the defense, a lot of times thats because the defense is doing something wrong. if you remember the casey anthony case -- the judge in that case ruled against the defense over and over and over again, but thats because the defense was wrong, so its not a matter of balancing continues out. shes a bright judge. i...

>> not martin you mean there were burglaries in the neighborhood -- >> exactly. had it in mind. this frustration, and he said hes tired of criminals committing these crimes, and repeated the expletives to the jury, zimmerman was ready to unleash his anger. >> judge? >> actually its interesting that the defense in this case requested from the judge a specific instruction on provocation. they wanted the judge to tell the jury that following is not illegal and thats important because there is a cas...

>> yes. >> also there are some instructions to give only if there is evidence of what is seeking to be defined. >> the court just read it correctly that it requires, one, justified in the use of deadly force doesnt have the duty to retreat if, one -- >> thats not 776.012. im looking at the instruction. >> but what im saying the ininstruction refers you to the statute and im reading the statute. the statute says person is justified this using force

Weve learned a lot during this trial and seen some things we have never really seen in a courtroom. like an attorney objecting to the judge. this seems to be no love lost between defense attorney don west and judge debra nelson. once again today, the fireworks went off after attorney west asked for a special jury instruction. >> im not giving that instruction. >> we submit thats an integral part of our defense and youre in error by not instructing this jury properly on the law. >> i understand. ...

Presence of the jury, the lawyers argue about the specific language of the jury instructions. im not going to say it is routine but it is usually fairly low key. fireworks once again. largely that centered around whether a child abuse instruction should be given to the jury. an instruction that since trayvon martin was 17 years old at the time of his death legally a child, there should be an additional charge given to the jury about child abuse and the defense blew up over this. they said this i...

Isnt that the truth? isnt that the truth? victim really didnt get to choose anything, did he? or anyone? the state -- the instruction that the court will read to you will tell you in part that the state has charged this defendant with second-degree murder. the verdict should be for the highest offense thats been proven. theres a lesser included, and hurricane katrina wasnt just a thundershower. in other words, your duty is if you find him guilty beyond a reasonable doubt of the highest crime. th...

So this jury will have the choice between second degree murder which was alleged all along and manslaughter. >> lets go back to the court and hear if there is any clarification. >> -- mr. wests language exactly as he wanted it. i think i did but im not certain. >> are we looking at the first paragraph in the instruction for justifiable use of deadly force? >> correct. >> the state inserted the language "with which george zimmerman is charged." the way that i drafted it was, "it is a defense to t...

Involved. number one, thats not true. its not the law and the reason it was abandoned 30 some years ago and i havent seen -- i dont see a case relied upon by the defense here where it has been. number two, this is of course not a totally circumstantial case because we have direct evidence in the form of the defendants own statements and there is direct evidence that the defense shot and killed the victim. so there is no question that this is not a totally circumstantial case which is i would put...

September deadly force against another when such conduct is necessary to defend himself or her self. however, a person is justified in the use of deadly force and does not have a duty to retreat if, one, reasonably believes its necessary to prevent injury or deadly harm or under another set of circumstances. >> theyre or. alternative. >> yes. and that is the 012 instruction. the justifiable homicide instruction is what i have written here, which is the 782.02, which i have yet to hear why that i...