When "Neighborhood Watch" Gets Out of Hand

[Rupert Pupkin]

Originally Posted by Clip-Clop

Not guilty. Certainly not guilty M2.

I think the 2nd degree murder charge can still be thrown out by the judge at the next hearing. If there is a "stand your ground" pre-trial hearing, it is even possible the judge could throw out all the charges. For that to happen, "Zimmerman must prove: that he was not engaged in unlawful activity, that he was attacked in a place he had a right to be and that he reasonably believed his life and safety were in danger. He cannot, however, be justified in using deadly force if he provoked the altercation, unless he was attacked with more force than he initiated."

The burden is actually on the defendant to show that the stand your ground law applies. They don't need to prove it "beyond a reasonable doubt". They only need to prove it by a "preponderance of the evidence", meaning that it is more likely than not.