The Burden of Proof at George Zimmerman's Bail Hearing
Posted on Fri Apr 20, 2012 at 08:44:00 AM EST
Tags: George Zimmerman, Trayvon Martin (all tags)
CNN has an article on today's bail hearing in the case of George Zimmerman, accused of second degree murder with penalty enhancements in the shooting death of Trayvon Martin. CNN reports:
Special prosecutor Angela Corey has the burden of showing why bond should not be set or that it should be high. The burden is referred to as "proof of guilt is evident or presumption of guilt is great." Corey would have to convince [Judge] Lester that a jury would convict Zimmerman.
I think that's an inadequate description. Corey's burden of proof at the bail hearing to establish the "proof of guilt is evident or the presumption great" is not the same burden as applies to a jury. At trial, a jury must find proof beyond a reasonable doubt that Zimmerman committed the charged crime. Under established Florida case law on bail hearings involving capital and life charges, Corey's burden is higher. [More...]
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