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Old 04-23-2012, 10:06am   #28
RedLS1GTO
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Quote:
Originally Posted by Stangkiller View Post
If he's found not guilty, the means it was in self defense, this makes him immune from the civil lawsuits.
Not exactly (at least how I understand it)

Quote:
If charges are brought (as they have been), the defense is entitled to a pre-trial evidentiary hearing on the issue. The judge decides whether the individual is entitled to immunity. The burden at that hearing is on the defense to prove by a preponderance of the evidence that the person was entitled to use the force. If the judge finds the defendant is immune because the force was justifiable, the court can dismiss the charges.
The only way he is immune from the civil charges is if the judge finds the "Stand Your Ground" law applies and the case is dismissed BEFORE trial. If there is criminal trial, the family can sue in civil court regardless of whether Zimmerman wins or loses.
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