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re: I was a member of the jury on the Garrett Ward trial. AMA.
Posted on 6/28/22 at 12:37 pm to SlimTigerSlap
Posted on 6/28/22 at 12:37 pm to SlimTigerSlap
Not directly to the Juror.
When will we know what prison that Ward is going to?
When will we know what prison that Ward is going to?
Posted on 6/28/22 at 12:56 pm to AlextheBodacious
quote:
How many times have you seen a person punch a football 60 yards?
that's not remotely the same thing.
in reality, it's a lot easier to get the full force of your punch impacted on an object on the ground than it is to get with a kick. Most people are spastic and don't even know how to kick well. yes a kick should have more force, but I don't think most people are capable of delivering close to that full force.
quote:
Not going to pretend to be a lawyer but this doesn’t sound like a real charge? If the victim hadn’t died the original charge of battery would’ve stayed.
that makes sense. I"m not a lawyer, obviously.
Posted on 6/28/22 at 1:04 pm to Obtuse1
Does the burden shift onto the defendant to prove their affirmative defense regarding self defense in a criminal trial. I don’t practice criminal but there were some shifts in Zimmerman end Rittenhouse regarding those defenses IIRC.
Posted on 6/28/22 at 1:06 pm to Reluctantjuror
Is it true that multiple jurors were wearing BLM apparel?
Posted on 6/28/22 at 1:11 pm to Reluctantjuror
quote:
not going to put myself
Take this shite to aTm. Forum
Posted on 6/28/22 at 1:13 pm to Korkstand
quote:
What makes you think it was self-defense?
I don't know if it was and neither does the jury. Ward probably doesn't even remember enough to know himself.
quote:
What was the provocation? Pickpocketing? Did he even take anything? Or was the provocation simply that he was startled?
Could be. We don't know and the jury doesn't seem to know either according to this guy. I just don't see anything beyond reasonable doubt
Posted on 6/28/22 at 1:15 pm to Yeti_Chaser
quote:
Could be. We don't know and the jury doesn't seem to know either according to this guy. I just don't see anything beyond reasonable doubt
There needs to be video capturing crimes for you to believe they happened beyond a reasonable doubt?
Posted on 6/28/22 at 1:20 pm to hubertcumberdale
Video would obviously help. According to this guy the witnesses weren't reliable. Is it not on the prosecutors to prove that it wasn't self defense? I really don't know
This post was edited on 6/28/22 at 1:21 pm
Posted on 6/28/22 at 1:22 pm to Yeti_Chaser
quote:If you have zero evidence to support a self-defense claim, then a claim alone is not enough.
I don't know if it was and neither does the jury. Ward probably doesn't even remember enough to know himself.
quote:There is zero doubt about manslaughter, a man is dead and we know who caused it.
Could be. We don't know and the jury doesn't seem to know either according to this guy. I just don't see anything beyond reasonable doubt
Posted on 6/28/22 at 1:23 pm to Yeti_Chaser
quote:
Video would obviously help. According to this guy the witnesses weren't reliable. Is it not on the prosecutors to prove that it wasn't self defense? I really don't know
He said some of the witnesses weren't reliable including the defendant. The couple that broke up the fight he thought was credible.
Posted on 6/28/22 at 1:24 pm to Yeti_Chaser
quote:No, it's on the defense to provide support for the claim, otherwise getting away with murder would be very easy.
Is it not on the prosecutors to prove that it wasn't self defense? I really don't know
Posted on 6/28/22 at 1:24 pm to Korkstand
quote:
There is zero doubt about manslaughter, a man is dead and we know who caused it.
Thats' not how courts work chief.
All you need is doubt. Unfortunately too many juries think like you. The prosecution has to prove it.
This post was edited on 6/28/22 at 1:25 pm
Posted on 6/28/22 at 1:28 pm to TeddyPadillac
quote:The kicks are not what got him manslaughter, they were, at least at one point, going to get him murder.
What's the difference if you punch a guy once and he falls and then you immediately punch him 2 more times on the ground or you kick him 2 times on the ground immediately after he falls?
You punch someone and they fall, strike their head and die, you're up for manslaughter.
Posted on 6/28/22 at 1:32 pm to RogerTheShrubber
quote:
Thats' not how courts work chief.
All you need is doubt. Unfortunately too many juries think like you. The prosecution has to prove it.
Where is the doubt though? No one is denying that Ward killed the victim. The defense argued that he killed the man in self defense from a knife attack but gave no credible evidence that Ward was attacked with a knife. The prosecution presented credible evidence that a knife attack did not happen. If Ward wasn’t attacked then he had no reason to kill the victim so by killing him he at minimum committed manslaughter.
Posted on 6/28/22 at 1:32 pm to tigerpimpbot
quote:
Does the burden shift onto the defendant to prove their affirmative defense regarding self defense in a criminal trial. I don’t practice criminal but there were some shifts in Zimmerman end Rittenhouse regarding those defenses IIRC.
I don't practice in LA but in the states I practice in all of them including Federal Ct follow US v Alston. So any affirmative defense in a criminal trial including self-defense, necessity, entrapment, insanity, respondeat superior et al shifts the burden of proof to the defendant and the proof required is a preponderance of the evidence.
Posted on 6/28/22 at 1:33 pm to HouseMom
quote:What? This is completely incorrect.
For a man to jump out of a drunken stupor to attack another man unprovoked (who was taking a stroll at 1:30 AM) is not just odd, it rarely happens outside of some diagnosed mental disorder or consuming psychedelic drugs
Posted on 6/28/22 at 1:33 pm to Korkstand
quote:
it's on the defense to provide support for the claim
If this is true then I guess I get it. Just seems like that could happen to anybody. If some old dude is trying to rob me and I throw a punch he falls and hits his head and dies I'm going to jail for manslaughter if I have no way to prove he was robbing me? Seems like it should be on the prosecution to prove I'm guilty beyond reasonable doubt.
Did that couple see the beginning? It seems like there's no evidence either way on whether or not it was self-defense. There's a dead guy in the street, a drunk guy who doesn't remember what happened, and a few unreliable witnesses.
There's no proof that he wasn't trying to pick pocket him. There's a knife on the victim but there's no evidence that it was used. I agree he has to do some time because he clearly exceeded self defense but there needs to be more clear evidence to put him away for 30 years
Posted on 6/28/22 at 1:34 pm to RogerTheShrubber
quote:
Thats' not how courts work chief.
quote:Where is the doubt? If you beat a man and he dies, and multiple people saw you do it, and you don't even deny having done it, that's manslaughter. No hail mary self-defense claim is going to save you if you didn't even so much as ask for a bandage.
All you need is doubt.
quote:There wasn't much to prove. All they had to do was try to show why it should have been murder 2 instead of manslaughter. The defense has to show something, *anything*, to support self-defense. The claim alone is not enough, thankfully.
The prosecution has to prove it.
Posted on 6/28/22 at 1:36 pm to Yeti_Chaser
quote:
There's no proof that he wasn't trying to pick pocket him. There's a knife on the victim but there's no evidence that it was used. I agree he has to do some time because he clearly exceeded self defense but there needs to be more clear evidence to put him away for 30 years
There is literally zero evidence that Ward acted in self defense other than his lawyer saying he did, from what I have gathered
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