TPM Reader DD writes in from Wisconsin. Going on the below, I’d be curious to hear from lawyers in other jurisdictions how distinct Florida law seems from how a case with a similar set of facts would have been adjudicated in their jurisdictions …
I’m a criminal defense lawyer in Wisconsin, but I’ll tell you my reaction to the Zimmerman verdict today. I’ve had friends in Florida asking for my take. I haven’t watched the trial very closely (it seems like an ordinary criminal case to me in many respects). But I was astounded that the defense would put on a “self-defense” argument without the defendant testifying. In most civilized jurisdictions, the burden is on the defense to prove, at least more likely than not, that the law breaking was done for reasons of self-defense. I couldn’t figure out how they could do this without the defendant’s testimony.
I’m not surprised the jury didn’t convict Zimmerman of 2nd Degree Murder. I am surprised it doesn’t qualify as manslaughter. The law in Florida has some peculiarities which heavily favored Zimmerman. But this was a situation he created through actions that I don’t think anyone can credibly argue weren’t reckless and showing extremely poor judgment. If a kid who was literally minding his own business ends up dead as the result, it’s hard for me to see it as a just outcome if there’s no criminal culpability whatsoever.
Yesterday afternoon an African-American couple was eating at the outside tables at Benny’s Burrito in Greenwich Village when a drunken man, complaining about his wife leaving him and his job at Goldman Sachs, crashed their table. Douglass Reddish, 25, the man with his girlfriend, tried to help the man steady himself but got a different response than he likely expected. Read More