Author Topic: Day 8 Thoughts, June 19, 2013  (Read 2485 times)

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Offline cboldt

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Re: Day 8 Thoughts, June 19, 2013
« Reply #15 on: June 19, 2013, 11:04:05 PM »
The problem is, people who aren't familiar with 'justifiable use of deadly force', may not understand 'self-defense' as a term of art with the same meaning. They are apt to take it in it's everyday meaning, that the person is 'defending himself'. In that sense, not all cases of 'self-defense' justify deadly force.

I'm sorry, I think you are very wrong. De la Rionda was making an important point that the jury will need to understand, and it's important for both sides. It doesn't matter which one first threw a punch or laid hands on the other. What matters is which one first escalated to deadly force.

No need to apologize.  I'm often wrong.  I missed where Bernardo made the important distinction that you point out.  I thought his remark involved two blanket statements.  The law isn't about self defense.  The law is about justified use of deadly force.

Edit to add "deadly" in "the law is about justified use of deadly force"
« Last Edit: June 19, 2013, 11:08:25 PM by cboldt »

Offline cboldt

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Re: Day 8 Thoughts, June 19, 2013
« Reply #16 on: June 19, 2013, 11:05:55 PM »
At first I thought that made sense. After watching the voir dire this morning, I doubt that anyone gets on the jury without going through the same vetting.

Agreed.  And after watching voir dire yesterday, I have the impression that all 40 were present, and the reports that 30 out of 40 would "go first" or "start first" were incorrect.

Offline nomatter_nevermind

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Re: Day 8 Thoughts, June 19, 2013
« Reply #17 on: June 19, 2013, 11:31:34 PM »
And after watching voir dire yesterday, I have the impression that all 40 were present, and the reports that 30 out of 40 would "go first" or "start first" were incorrect.

Darn, you're right. I recall now Nelson saying that seating the jurors would take a while because there were 40 of them. I failed to integrate that into the overall picture.

Offline nomatter_nevermind

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Re: Day 8 Thoughts, June 19, 2013
« Reply #18 on: June 20, 2013, 06:00:42 AM »
Cylinder, paraphrasing a question from de la Rionda to the jurors in the live update thread.

Quote
Preaching...errr....asking about clothes and assumptions made by mode of dress.

It seems O'Mara didn't object to this, consistent with his overlooking of the 'hoodie' issue in the Defendant's Motion in Limine Regarding the Use of Certain Inflammatory Terms.

 

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