As expected a Florida state attorney yesterday announced that George Zimmerman would be arrested and charged in the shooting of Trayvon Martin. Zimmerman has been charged with Second Degree Murder.
I heard it in passing at the gym yesterday and my immediate reaction was that they’ve charged him with something they’re not going to be able to prove. I would have thought Voluntary Manslaughter would have been more appropriate.
Second-degree murder is ordinarily defined as an intentional killing that is not premeditated or planned, nor committed in a reasonable "heat of passion." Voluntary manslaughter is commonly defined as an intentional killing in which the offender had no prior intent to kill, such as a killing that occurs in the "heat of passion."
It’s going to be especially tough in Florida because there SEcond Degree Murder requires acting with a “depraved mind showing no regard for human life.”
That’s going to be really hard to prove especially since that doesn’t seem to have been the case. Manslaughter in Florida is defined as “Committing an act that was neither excusable, nor justified that resulted in the death of another person.”
That sounds much more to the point. If Zimmerman was defending himself as allowed under the “stand your ground” statute then the act was justified. If not, then he’s guilty of Manslaughter but not necessarily murder. Second Degree Murder sounds like the wrong charge.
This sounds like political horse pucky. Yes they’re going to arrest and charge him but with a crime he probably won’t get convicted of.
Can the jury acquit him of Second Degree Murder but convict him of the lesser charge of Manslaughter? I suppose, but that just adds to the complexity of the case doesn’t it? I see a plea bargain coming.
Thursday, April 12, 2012
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