Just a reminder that EED is not an admission of guilt and the state still has to prove every element of every charge, beyond a reasonable doubt.
The people must prove beyond a reasonable doubt that the defendant committed the crime. They must prove without a reasonable doubt, every element of the charge. If and only if they meet their burden of proof, the defense will have to prove that the defendant acted under a state of extreme emotional disturbance. But if the state fail to meet their burden, he can still walk away scotch free, with a not guilty verdict.
So here are the possibilities for Luigi:
1. Not guilty verdict if the prosecutions don’t meet this burden of proof
2. Not guilty by way of jury nullification
3. Prosecutors meet their burden but defense proves extreme emotional disturbance, lessens his sentence
4. Defense can’t prove extreme emotional disturbance
About the EED defense
