The Zimmerman jury instructions

These are the actual jury instructions.

On “JUSTIFIABLE USE OF DEADLY FORCE”

An issue in this case is whether George Zimmerman acted in self-defense. It is a defense to the crime of Second Degree Murder, and the lesser included offense of Manslaughter, if the death of Trayvon Martin resulted from the justifiable use of deadly force.

“Deadly force” means force likely to cause death or great bodily harm.

A person is justified in using deadly force if he reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself.

In deciding whether George Zimmerman was justified in the use of deadly force, you must judge him by the circumstances by which he was surrounded at the time the force was used. The danger facing George Zimmerman need not have been actual; however, to justify the use of deadly force, the appearance of danger must have been so real that a reasonably cautious and prudent person under the same circumstances would have believed that the danger could be avoided only through the use of that force. Based upon appearances, George Zimmerman must have actually believed that the danger was real.

If George Zimmerman was not engaged in an unlawful activity and was attacked in any place where he had a right to be, he had no duty to retreat and had the right to stand his ground and meet force with force, including deadly force if he reasonably believed that it was necessary to do so to prevent death or great bodily harm to himself or another or to prevent the commission of a forcible felony.

In considering the issue of self-defense, you may take into account the relative physical abilities and capacities of George Zimmerman and Trayvon Martin.

If in your consideration of the issue of self-defense you have a reasonable doubt on the question of whether George Zimmerman was justified in the use of deadly force, you should find George Zimmerman not guilty.

However, if from the evidence you are convinced beyond a reasonable doubt that George Zimmerman was not justified in the use of deadly force, you should find him guilty if all the elements of the charge have been proved.

On “PLEA OF NOT GUILTY; REASONABLE DOUBT; AND BURDEN OF PROOF”

George Zimmerman has entered a plea of not guilty. This means you must presume or believe George Zimmerman is innocent. The presumption stays with George Zimmerman as to each material allegation in the Information through each stage of the trial unless it has been overcome by the evidence to the exclusion of and beyond a reasonable doubt.

To overcome George Zimmerman’s presumption of innocence, the State has the burden of proving the crime with which George Zimmerman is charged was committed and George Zimmerman is the person who committed the crime.

George Zimmerman is not required to present evidence or prove anything.

Whenever the words “reasonable doubt” are used you must consider the following:

A reasonable doubt is not a mere possible doubt, a speculative, imaginary or forced doubt. Such a doubt must not influence you to return a verdict of not guilty if you have an abiding conviction of guilt. On the other hand if, after carefully considering, comparing and weighing all the evidence, there is not an abiding conviction of guilt, or, if having a conviction, it is one which is not stable but one which wavers and vacillates, then the charge is not proved beyond every reasonable doubt and you must find George Zimmerman not guilty because the doubt is reasonable.

It is to the evidence introduced in this trial, and to it alone, that you are to look for that proof.
A reasonable doubt as to the guilt of George Zimmerman may arise from the evidence, conflict in the evidence, or the lack of evidence.

If you have a reasonable doubt, you should find George Zimmerman not guilty. If you have no reasonable doubt, you should find George Zimmerman guilty.

If the jury actually reads and follows these instructions, it’s hard to see how they could find Zimmerman anything other than not guilty.

“George Zimmerman was not engaged in an unlawful activity” when he was looking around his condo community, nor was it unlawful for him to approach and ask someone he didn’t recognize what he was doing in the community.

The jury “must presume or believe George Zimmerman is innocent,” and given that there’s no good evidence presented by anyone with respect to who started the fight, and there’s ample evidence presented that Zimmerman was losing the fight and that Martin was on top of him and punching him. And no credible evidence presented that it was Martin who was losing the fight.

Of course there have been various fantasy scenarios concocted about how Martin saw Zimmerman and became very scared and ran away from him in fear for his life, and then Zimmerman attacked him because Zimmern is a racist who hates all blacks. But it’s all fantasy with no credible proof. And for that matter, I find it pretty hard to believe that it went down that way. That’s certainly not enough for any reasonable jury to convict someone of murder given the Florida right of self defense, which is why Judge Nelson should have given Zimmerman a directed verdict and not even allowed this case to go to the jury.