DomKen
Posts: 19457
Joined: 7/4/2004 From: Chicago, IL Status: offline
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quote:
ORIGINAL: Raiikun quote:
ORIGINAL: DomKen quote:
ORIGINAL: cloudboy And in FLA, you don't have to prove self defense, the state has to prove that it wasn't self defense. So, not only is the witness dead, but the killer can also hide behind the 5th Amendment and make assertions of self defense before the trial that can't be actively cross examined. The prosecution made a serious blunder playing all of the police interview with Zimmerman. they should have just shown the excerpts that could be proven to be lies. The defense could not enter those tapes as evidence which would have functionally forced Zimmerman to testify and that would have probably been the end of the case as Zimmerman's many lies and use of psychoactive drugs would have come in during cross examination. If the State plays an excerpt from an interview, at the Defense's request they're required to play the whole thing, per the Rule of Completeness. Thus the State was not permitted to only play excerpts. Nope. Florida's version quote:
A defendant’s exculpatory out-of-court statement is admissible into evidence when a state witness has testified to incriminating statements contemporaneously made by the defendant and ‘the jury should hear the remaining portions at the same time so as to avoid the potential for creating misleading impressions by taking statements out of context Since the statements that would have been shown were not incriminatory but served only to show the defendant lied the entire tapes do not have to be shown.
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