Second-degree murder charge in Trayvon Martin case...

[William Joyce]

So now in America we base government actions on whether blacks will riot over it.

Is that the rule of law, or the rule of monkey?

 

[American Horse]

Some Prosecutors start high to allow room to negotiate a plea to a lesser; we will see. She can't go UP however, only lower than 2nd degree.

But if she charges 2d degree murder, I do not believe there can be a lesser charge of manslaughter. The public wants a trial, not a plea. That's why I said earlier That 2dm was an over charge. That is going to be tough to get and the president has contaminated the jury pool.Bret Baier

He'll likely walk.

Here is the Anthony jury form, manslaughter IS a lesser included:

http://media.myfoxorlando.com/documents/Casey-Anthony-trial-Jury-Verdict-Forms.pdf

I guess we'll see if she allows a "lesser included charge of manslaughter". If so then a jury could go with that to get it behind them. Though she seemed pretty definitive on the charge. We'll see. It's going to be different from LA, re riots. I think Florida is a lot more culturally integrated now than was California back then.

 

[Peach]

But if she charges 2d degree murder, I do not believe there can be a lesser charge of manslaughter. The public wants a trial, not a plea. That's why I said earlier That 2dm was an over charge. That is going to be tough to get and the president has contaminated the jury pool.Bret Baier

He'll likely walk.

Here is the Anthony jury form, manslaughter IS a lesser included:

http://media.myfoxorlando.com/documents/Casey-Anthony-trial-Jury-Verdict-Forms.pdf

I guess we'll see if she allows a "lesser included charge of manslaughter". If so then a jury could go with that to get it behind them. Though she seemed pretty definitive on the charge. We'll see. It's going to be different from LA, re riots. I think Florida is a lot more culturally integrated now than was California back then.

It is not her decision:


Florida Rules of Criminal Procedure

3.510. Determination of Attempts and Lesser Included Offenses

On an indictment or information on which the defendant is to be tried for any offense the jury may convict the defendant of:

(a) an attempt to commit the offense if such attempt is an offense and is supported by the evidence. The judge shall not instruct the jury if there is no evidence to support the attempt and the only evidence proves a completed offense; or

(b) any offense that as a matter of law is a necessarily included offense or a lesser included offense of the offense charged in the indictment or information and is supported by the evidence. The judge shall not instruct on any lesser included offense as to which there is no evidence.

Also;

At issue in this case, as well as in the three cited
cases, is whether a set of jury instructions that effectively takes
away a voluntary manslaughter option in violation of the holding in
State v. Montgomery, 39 So. 3rd 252 (Fla. 2010), is automatically cured
by giving a culpable negligence instruction. In this case a jury found
Mr. Paul guilty of second-degree murder after it received a faulty
manslaughter instruction that may have had the effect of taking the
manslaughter option from the jury=s consideration (in that it required
intent to kill). Giving the culpable negligence instruction did not
cure the error; neither party relied on or referred to a culpable
negligence theory at trial.

 

[Zoom]

I have a hard time imagining that Zimmerman will get a fair trial. Chances are he will walk guilty or not.

First theys aY he is presumed innocent until proven guilty. Now.they are saying he can't get a fair trial. So what do we do...forget the wholething like the Florida police wanted initially?

 

[Zoom]

Here is the Anthony jury form, manslaughter IS a lesser included:

http://media.myfoxorlando.com/documents/Casey-Anthony-trial-Jury-Verdict-Forms.pdf

I guess we'll see if she allows a "lesser included charge of manslaughter". If so then a jury could go with that to get it behind them. Though she seemed pretty definitive on the charge. We'll see. It's going to be different from LA, re riots. I think Florida is a lot more culturally integrated now than was California back then.

It is not her decision:


Florida Rules of Criminal Procedure

3.510. Determination of Attempts and Lesser Included Offenses

On an indictment or information on which the defendant is to be tried for any offense the jury may convict the defendant of:

(a) an attempt to commit the offense if such attempt is an offense and is supported by the evidence. The judge shall not instruct the jury if there is no evidence to support the attempt and the only evidence proves a completed offense; or

(b) any offense that as a matter of law is a necessarily included offense or a lesser included offense of the offense charged in the indictment or information and is supported by the evidence. The judge shall not instruct on any lesser included offense as to which there is no evidence.

Also;

At issue in this case, as well as in the three cited
cases, is whether a set of jury instructions that effectively takes
away a voluntary manslaughter option in violation of the holding in
State v. Montgomery, 39 So. 3rd 252 (Fla. 2010), is automatically cured
by giving a culpable negligence instruction. In this case a jury found
Mr. Paul guilty of second-degree murder after it received a faulty
manslaughter instruction that may have had the effect of taking the
manslaughter option from the jury=s consideration (in that it required
intent to kill). Giving the culpable negligence instruction did not
cure the error; neither party relied on or referred to a culpable
negligence theory at trial.

damn...a legal pwn.

 

[The Gadfly]

The SP may feel she has the evidence to convict on 2nd degree.

When I see a prosecutor overshoot on charges I wonder if the intent isn't to fail

Overshoots? An armed man killed an unarmed teenager; does anybody have a problem with a 2nd degree murder charge?

Depends on the evidence it's based on, Peach. My reading of the statute (as it's been presented here) is that this case seems to fit it, IF there's evidence this was not self defense. Manslaughter may be a lesser included offense, depending on how the FL manslaughter statute is worded-the FL 2nd degree murder statute is close to our Voluntary manslaughter statute here. This ought to be the end of this matter, until the case goes before a judge, and we see what the actual evidence is; I doubt it will be though; too many people have prejudged the case, found Zimmerman guilty and simply want him dead. They may well get their wish; wouldn't surprise me. You may not want that, but some of the howling mob does. There are too many people for whom this case is not about justice, but race and politics....

 

[bigrebnc1775]

I have a hard time imagining that Zimmerman will get a fair trial. Chances are he will walk guilty or not.

First theys aY he is presumed innocent until proven guilty. Now.they are saying he can't get a fair trial. So what do we do...forget the wholething like the Florida police wanted initially?

You're a god damn idiot.

 

[bigrebnc1775]

So now in America we base government actions on whether blacks will riot over it.

Is that the rule of law, or the rule of monkey?

That just about right. Now there will be riots if there is no conviction.

 

[SFC Ollie]

I have a hard time imagining that Zimmerman will get a fair trial. Chances are he will walk guilty or not.

First theys aY he is presumed innocent until proven guilty. Now.they are saying he can't get a fair trial. So what do we do...forget the wholething like the Florida police wanted initially?

Goodness no. But I don't see this ending well. Regardless of if they can find a jury or not...

 

[Againsheila]

I have a hard time imagining that Zimmerman will get a fair trial. Chances are he will walk guilty or not.

First theys aY he is presumed innocent until proven guilty. Now.they are saying he can't get a fair trial. So what do we do...forget the wholething like the Florida police wanted initially?

Goodness no. But I don't see this ending well. Regardless of if they can find a jury or not...

If they manage to find a jury that's not heard of this case, they most likely are too ignorant to be on a jury in the first place.

I don't see a good ending to this either.