Prosecutor has High Burden of Proof in George Zimmerman Trial

Zimmerman,_George_-_Seminole_County_MugWhen watching and reading coverage of the George Zimmerman trial, it is useful to keep in mind exactly what the prosecution must prove, and what the defendant must show concerning his self defense claim.

As pointed out by the Jacksonville Criminal Defense Lawyer Blog, under Florida law, the prosecutor in the George Zimmerman case has a high burden of proof.  First, he must prove beyond a reasonable doubt the elements of Second Degree Murder, Florida Statutes Section 782.04(2), .  The elements are: that Zimmerman (1) killed Travon Martin (2) with ill-will towards him (3) while acting in disregard for human life.   The second element will be the most difficult to prove.  For video clips from the trial and a discussion of the Prosecution’s attempt to prove ill-will, see PoliticsNation: How the Prosecution Tries to Prove Second Degree Murder.

To get a better understanding of what ill-will means in the context of Second Degree Murder, try pulling up the annotated Florida Statutes  on Lexis or Westlaw.  There you will find case summaries, links to second degree murder cases and links to relevant Florida Jurisprudence sections.

Zimmerman could be convicted of the lesser included offense of manslaughter, Florida Statutes Section 782.07(1):

The killing of a human being by the act, procurement, or culpable negligence of another, without lawful justification according to the provisions of chapter 776 and in cases in which such killing shall not be excusable homicide or murder, according to the provisions of this chapter, is manslaughter, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

See by the Akron Law Cafe, Akron Beacon Journal.

Zimmerman asserts that he acted in self defense, a defense to both murder and manslaughter.  Zimmerman only has to show a prima facie case of self defense.    State v. Rivera, 719 So. 2d 335 (Fla. Dist. Ct. App. 1998).  Then, the  prosecution must present evidence that establishes beyond a reasonable doubt that the defendant did not act in self-defense.  See Mosanky v. State, 33 So. 3d 756 (Fla. Dist. Ct. App. 2010).  A prima facie case means the defendant must show that it was possible he acted in self defense, or in other words, evidence from which the jury can believe the self defense claim might be true.   See Murray v. State, 937 So.2d 277, 279 (Fla. 4th Dist. 2006).  Also see Zimmerman’s Low Burden of Proof on the Issue of Self Defense by the Akron Law Cafe, Akron Beacon Journal.

The Legal Insurrection Blog gives a run down of the Florida self defense statutes, including   Florida Statutes Section 776.012; Section 776.013776.041, and 782.02.   What I believe are the relevant parts of these statutes are copied below.
776.012:
A person is justified in the use of deadly force and does not have a duty to retreat if:

(1) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony; or
(2) Under those circumstances permitted pursuant to s. 776.013.
776.013:
(3) A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.
776.041
Use of force by aggressor.—The justification described in the preceding sections of this chapter is not available to a person who:
(2) Initially provokes the use of force against himself or herself, unless:

(a) Such force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant

782.02 

Justifiable use of deadly force.—The use of deadly force is justifiable when a person is resisting any attempt to murder such person or to commit any felony upon him or her or upon or in any dwelling house in which such person shall be.