Everyone that is congratulating the jurors for following the Judge's instructions... psssst, c'mer

[KamaAina]

76. Pssst! Over here!

http://www.huffingtonpost.com/alafair-burke/george-zimmerman-jury-instructions_b_3596685.html

Because jury deliberations are secret, and no jurors (as of this writing) have spoken publicly about deliberations, it is impossible to know the basis for the jury's acquittal. But let me explain why the verdict might have boiled down to jury instructions.

The state asked the court to instruct the jury not only about the justification of self-defense, which favored Zimmerman in the ways described above, but also about its initial aggressor limitation. (View the state's argument here, beginning at 3:00.) According to the state, the jury might have concluded that Zimmerman provoked any physical response from Martin by following him. If a jury could reasonably find an instruction applicable, the instruction should be given.

The defense objected to the initial aggressor instruction. (See the defense argument here.) As a factual matter, the defense argued that no evidence indicated that Zimmerman physically initiated the confrontation. As a legal matter, the defense relied on Gibbs v. State, a 2001 decision from the Fourth Division of the Florida Court of Appeals, which held that a defendant loses the right to self-defense as an initial aggressor only if he provokes the victim's use of force through either force or "threat of force."

After Judge Nelson indicated that she understood the arguments on both sides, defense attorney Don West interjected, "Well, let me point out, as a matter of law, following someone on foot or by car is not against the law.... That cannot be considered provocation under the law... Force means physical force or the threat of physical force...." In conclusion, he emphasized, "It would be ERROR, and frankly, promoting miscarriage of justice, if the state were allowed to argue that to the jury." (See 3:37 here.)