Raiikun -> RE: Zimmerman III - Should the jury have a manslaughter option (7/7/2013 3:53:18 PM)
|
quote:
ORIGINAL: Hillwilliam quote:
ORIGINAL: Raiikun We're not discussing proof he was a violent person. People are confusing the two separate legal issues. That said, some of the texts in discussion also include friends imploring him to stop fighting so much. To be admissible in court, it has to be shown as a FACT that this person has a tendency to violence IN REAL LIFE, not that he is known for posturing on the interwebz. (please learn the difference)[:D] A lesson in circumstantial evidence: Circumstantial evidence is evidence that relies on an inference to connect it to a conclusion of fact. An example on point: The State has not shown George is factually a well trained fighter. The only evidence they've introduced is a piece of paper where George wrote he was taking MMA training, and the State is expecting the jury to infer that George is a capable fighter. By your logic, that should not be admitted as evidence, because George could have just been posturing for the pretty PA. But that evidence is why the defense is calling in the gym trainer this week to tell the jury that George actually was soft and unfit for the ring, to prevent that inference. Likewise, Trayvon discussing fights he has been in, suspensions for fighting, etc, is circumstantial evidence from which it can be inferred that Trayvon was a capable fighter. It doesn't have to be proven factually, it is left to the jury to decide how much weight to give it.
|
|
|
|