Quote:
Originally Posted by Buzzcook
That might not be something you should bet on. The burden of proof is always on the prosecution's side.
The shooter has the same rights as anyone else accused of a crime.
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I disagree.
I believe under Florida law, as under (I think) the laws of all the states, homicide starts out as being a crime. As TFL member Fiddletown (a real, live attorney) has posted more than twice in other discussions, in order to invoke a self-defense justification, the defendant has to begin by
admitting that he (or she) did commit a homicide. The burden then falls on the defendant to convince the jury that one of the
exceptions to the "Thou shalt not kill" law applies. So the burden DOES fall on the defendant.
Here's the link to the full Florida law, for those who might care to read it:
http://www.leg.state.fl.us/statutes/.../0776.013.html
I believe Mello2u has it correct.