But at least one case in Missouri has demonstrated that killings can be deemed justified on broader, more complex grounds than the right to stand one’s ground under Missouri law.

In May 2013, Brandon Coleman was shot to death by Dustin Deacon in Columbia, Missouri. Before he died, Coleman was brandishing a gun at Deacon’s father, who had been attempting to drive Coleman from his property. Deacon’s father was armed with a large knife during the confrontation.

Boone County Prosecuting Attorney Dan Knight ruled that Coleman’s killing was justified under Missouri law; Deacon reasonably felt that force was needed to defend his father from the imminent use of unlawful force by Coleman.

“Force used in defense of another can include deadly force if the person reasonably believes deadly force is necessary to protect the other against death, serious physical injury or any forcible felony,” Knight wrote in a letter explaining his decision.

Missouri’s “castle doctrine” law would have acted as the governing legal authority. Such laws share some noticeable similarities with the better-known stand your ground legislation.

Under the state’s castle doctrine law, a person is permitted to use force against an intruder who unlawfully enters or tries to enter a residence, vehicle or private property that is lawfully occupied by the person, who need not retreat in such circumstances — as was deemed the case with Deacon’s father.

At first blush, the distinction between the two concepts is not entirely clear.

“The line between the castle doctrine and stand your ground has been a little bit blurred,” said Platte County Prosecuting Attorney Eric Zahnd.

Put the experienced Missouri criminal defense lawyers at James Law Group on your side. Learn more at http://www.jameslawgroup.net/

As you may already know, an individual may be prosecuted in both criminal and civil proceedings when they are alleged to be responsible for the death of another. The civil side is called a wrongful death lawsuit. Perhaps the best-known example in the U.S. is that of O. J. Simpson. In 1995, Simpson was found not guilty of the murder of Nicole Simpson and Ronald Goldman. But in a subsequent wrongful death lawsuit brought by the parents of Nicole Simpson and Goldman, O. J. Simpson was ordered to pay a combined $46.1 million to the victims’ families.

Likewise, George Zimmerman is likely to face a wrongful death lawsuit. Zimmerman is not a target with great personal wealth like Simpson, and any large civil judgment against him may go mostly unpaid. But Trayvon Martin’s family may nevertheless decide to sue.

You may wonder how a civil lawsuit can succeed if prosecutors have already failed to prove a suspect’s guilt in a lengthy criminal trial. Civil suits are decided by entirely separate juries from their corresponding criminal trials, but more importantly, they are decided by different standards of proof. In criminal trials, juries must find a defendant guilty “beyond a reasonable doubt” in order to convict. One small, but reasonable, doubt can negate a mountain of evidence. But in civil lawsuits, all that is typically necessary is a “preponderance of evidence,” meaning that it is more likely than not that the defendant is guilty. This is far easier to argue.

In fact, Martin’s parents have already filed and settled a wrongful death suit against the homeowners’ association that owns the gated community in which he was killed. As is usually the case in such settlements, the terms are confidential, and the association did not admit guilt in Martin’s death. However, Martin’s parents are said to have previously rejected a settlement offer of $1 million.

Zimmerman could also face federal civil rights charges. The NAACP is petitioning the Department of Justice to file those charges, alleging Zimmerman violated Martin’s civil rights. The DOJ has said they will examine the evidence to determine whether such a violation occurred.

If you need to speak with a wrongful death attorney or lawyer, Call Joyce & Reyes at 1.888.771.1529 or visit more of http://www.joyceandreyespa.com/.

What exactly is jury selection or “voir dire”? “Voir dire” is the legal term for jury selection and is Latin which means “to tell the truth”.  Telling the truth is extremely important in jury selection.  Jury selection has also been called the ‘most important” part of a criminal jury trial.

Why is “jury selection” vital in a criminal trial?  Because this is where defense attorneys and prosecutors try and seat a panel of impartial jurors.  Jury selection is a science and an art that a defense attorney must be extremely skilled and adept at in order to get a person accused a fair trial and have a chance at being found Not Guilty.  A criminal lawyer must be able to get prospective jurors to open up and express their true feelings about issues being tried in a criminal case.  Everyone has their own experiences and biases that they bring to court.  It is up to the defense attorney to find out which jurors will be open to the defense to the criminal charge.  That is why it is vital that jurors tell the truth when being questioned during jury selection.  Without the truth about their biases, backgrounds, and experiences there is no way to tell if the juror is “fair and impartial”.  This is much more difficult than it sounds.  No one wants to admit that they may have prejudices or biases and an attorney must get that information out of them.  If the juror does admit that they may have a bias or a bad experience similar to the issue in the case, the juror often times wants to be seen as a good citizen who can put that bias or prejudice “out of their mind” and that they are a “fair” and bias free person.  But where are the going to put this bias?  It’s what makes them the person and juror they are.

Another danger in these types of high profile cases is jurors with hidden agendas.  Some citizens want to get on the jury for the fame and possibly to cash in after the trial.  A experienced criminal defense attorney who knows how to conduct jury selection will be very personable and know how to get people to open up and express their true feelings.

Jury selection is so important because if you do not have a sworn jury panel that is open to your defense, you can not and will not win your trial.  Unfortunately, people lose loved ones in tragic accidents, some of which involve alcohol.  If you are on trial for DUI and all the jurors deciding whether you were guilty or not guilty lost a loved one in a DUI or alcohol related accident, do you think you have a good chance of winning that trial?  Have you ever tried to get someone from one political party to switch and support the candidate in the other party?  Not a chance.  this is the same for jury selection.  If a juror is not open to a False Confession, self-defense, mis-identification, or whatever defense to the crime you have, you will be found guilty because the juror will never accept your defense.

That is why jury selection is key to the defense of your case!  You need a criminal defense attorney who knows how to pick a jury and studies the art of jury selection.  A criminal lawyer also must know the case law regarding jury selection and how to get the “bad” or biased juror off your panel.

If you have been charged with a crime,

call an experienced trial attorney that knows how to select a jury to defend you in court!

Thomas C. Grajek 863-688-4606

All felony and misdemeanor crimes defended.