Although
mentioned rarely by the legal commentators in the Zimmerman trial, the
affirmative defense of self-defense is a complete defense and the State must
prove beyond a reasonable doubt that the defendant, Mr. Zimmerman did not act
in self-defense. The burden to disprove
self-defense rests squarely on the shoulders of the State, the defense has no burden
to prove self-defense. However, in the
Zimmerman trial not only did the State of Florida fail to disprove this affirmative
defense, but the Defendant, although not required to do so, actually presented
overwhelming evidence that George Zimmerman acted in self-defense.
Although
it is a tragedy when life is taken regardless of the circumstances, reasonable
men and women have the right to protect themselves and others, even to the
point of using deadly force under the right circumstances and when such force
is reasonable.
The State
in the Zimmerman had little to work with; they substituted real evidence with
speculation, conjecture and an emotional appeal. This was typified in their closing arguments
which were weak and often times came off silly and fake. Although defense
counsel’s summation was to long, verbose and not to the point, he had much more
to work with and, hence, at the end was more effective.
Hopefully,
the jury will see through this prosecutorial charade and find Mr. Zimmerman not
guilty as to all counts, which I predict they will do in this case.
Law
Office of Vincent J. Sanzone, Jr., Esq.
Dated: July 12, 2013, 5:19 P.M. Eastern Time
“If you
want Peace Work for Justice.” Pope John Paul, I
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