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naraburns  nihil supernum  1yr ago (text post)   35390 thread views

Culture War Roundup for the week of April 3, 2023

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Yet the burden of proof isn’t on the defendant. If the only video evidence we have is someone pointing a gun at him, I’m at least having responsible doubt…

Actually it is or it’s 50-50 depending how you read these Under Texas law, you need to prove the following elements to successfully claim self-defense:

You used an adequate amount of force.

You reasonably believed that the use of force was immediately necessary.

You did not provoke the other person.

You were not attempting to commit a crime when using force.

I think for this case he had to reasonably believe a use of force is necessary. I’m not sure how that compares to reasonable doubt of guilt.

No, in Texas, as in pretty much every state, once the defendant has produced some evidence that he acted in self-defense, the prosecution has the burden of proving, beyond a reasonable doubt, that he did not act in self-defense. Saxton v. State, 804 S.W.2d 910 (Tx Ct of Crim App, 1991); Hernandez v. State, 804 S.W.2d 910, 910 (Tx Ct of App, 2020).

Then if that’s standard he’s not guilty but I still believe at a greater than 50% chance that this guy probably was wanting a chance to kill a protestor and took his chance.

"Hoping he would be the victim of an unjustified assault" doesn't make it into a justified assault.

It doesn't matter whether the assault was justified -- note that it is perfectly possible for both sides in a conflict to be acting in self-defense. That is, it is perfectly possible that both sides to honestly and reasonably believe that the other poses a risk of imminent danger. It doesn't matter whether the danger actually exists. And, if I am not actually in fear, it doesn't matter that a reasonable person would have been in fear, nor that the other person was acting unlawfully.

Then you would have qualified for the jury. But just going out where trouble happens hoping that trouble finds you isn't "provocation" according to the law.

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