Live video: George Zimmerman Trial - jury selection, trial, verdict, eye rolling
- Thread starter Mr Uncle Leroy
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Wallychamp
Kings Lose Crowns, Teachers Stay Intelligent
no you don't understand... the prosecution charged him with 2nd degree murder... but the jury can be instructed by the judge to consider the lesser charge of manslaughter when they go to deliberate...
http://www.nytimes.com/2012/04/12/u...ond-degree-murder-charge-in-florida.html?_r=0
Wallychamp
Kings Lose Crowns, Teachers Stay Intelligent
God damn, the ignorance of the law that some of yall have
no you don't understand... the prosecution charged him with 2nd degree murder... but the jury can be instructed by the judge to consider the lesser charge of manslaughter when they go to deliberate...
http://www.nytimes.com/2012/04/12/u...ond-degree-murder-charge-in-florida.html?_r=0
Wallychamp
Kings Lose Crowns, Teachers Stay Intelligent
http://www.nytimes.com/2012/04/12/u...ond-degree-murder-charge-in-florida.html?_r=0
By choosing to charge George Zimmerman with second-degree murder in the killing of Trayvon Martin, Angela B. Corey, the special prosecutor appointed to the case in Florida, selected the toughest possible charge involving a killing short of first-degree murder, which requires a finding of premeditation and carries the death penalty as a possible punishment.
Under second-degree murder, the jury must find that a death was caused by a criminal act “demonstrating a depraved mind without regard for human life,” said Eric Abrahamsen, a criminal defense lawyer in Tallahassee, reading from the state’s standard jury instructions. The maximum sentence for second-degree murder is life in prison; the minimum penalty under these charges is 25 years.
Dan Markel, a law professor at Florida State University, said he was “very surprised” by the severity of the charges “in light of the evidence that seems to have been brought to the attention of the public so far.” Many legal experts had predicted that Mr. Zimmerman would be charged with manslaughter.
The charge of second-degree murder also means that Mr. Zimmerman will not be entitled to be released on bail before his trial. Instead, his lawyer will be able to ask for what Florida calls an Arthur hearing, which can take place weeks after the arrest, to determine whether he should be allowed to post bond.
Jeff Weiner, a former president of the National Association of Criminal Defense Lawyers who practices in Miami, said an Arthur hearing “is not a mini-trial, but it’s a very good preview of the evidence that the state has at this point.”
Mr. Weiner suggested that the prosecutor might have “overcharged” to retain the option, should she feel a murder conviction is slipping away, of asking the judge to instruct the jury to consider lesser offenses, like manslaughter. It is also possible, he said, that she might be trying to coax Mr. Zimmerman to the negotiating table to plead guilty to such a lesser charge. But, he added, it is impossible to say whether it is overly tough, since evidence has not yet been produced.
The case will almost certainly include a pretrial hearing to determine whether the state’s Stand Your Ground law, which grants broad protections to people who claim to have killed in self-defense, applies; if the judge finds that Mr. Zimmerman acted appropriately, the case will end there. If the judge decides that the protections of the law do not apply, the case will go forward.
At trial, however, the question of self-defense can be brought up again and possibly will, said Robert Weisberg, a criminal law expert at Stanford Law School. That could lead to a fallback position for the jury — if allowed by the judge — of a lesser verdict of manslaughter should the jury decide that Mr. Zimmerman sincerely but unreasonably believed that he was appropriately using lethal force to defend himself, which is known as “imperfect self-defense.”
Either side in the case could request that the judge instruct the jury to consider that middle ground, and if the evidence supports such a finding the judge will in almost all cases comply, Professor Weisberg said. A confident prosecutor may not want to risk missing the toughest conviction, however, and a confident defense lawyer may not want to risk giving the jurors a lesser charge that they can choose instead of acquittal. And so, he said, the question may come down to, “Who’s feeling lucky?”
By choosing to charge George Zimmerman with second-degree murder in the killing of Trayvon Martin, Angela B. Corey, the special prosecutor appointed to the case in Florida, selected the toughest possible charge involving a killing short of first-degree murder, which requires a finding of premeditation and carries the death penalty as a possible punishment.
Under second-degree murder, the jury must find that a death was caused by a criminal act “demonstrating a depraved mind without regard for human life,” said Eric Abrahamsen, a criminal defense lawyer in Tallahassee, reading from the state’s standard jury instructions. The maximum sentence for second-degree murder is life in prison; the minimum penalty under these charges is 25 years.
Dan Markel, a law professor at Florida State University, said he was “very surprised” by the severity of the charges “in light of the evidence that seems to have been brought to the attention of the public so far.” Many legal experts had predicted that Mr. Zimmerman would be charged with manslaughter.
The charge of second-degree murder also means that Mr. Zimmerman will not be entitled to be released on bail before his trial. Instead, his lawyer will be able to ask for what Florida calls an Arthur hearing, which can take place weeks after the arrest, to determine whether he should be allowed to post bond.
Jeff Weiner, a former president of the National Association of Criminal Defense Lawyers who practices in Miami, said an Arthur hearing “is not a mini-trial, but it’s a very good preview of the evidence that the state has at this point.”
Mr. Weiner suggested that the prosecutor might have “overcharged” to retain the option, should she feel a murder conviction is slipping away, of asking the judge to instruct the jury to consider lesser offenses, like manslaughter. It is also possible, he said, that she might be trying to coax Mr. Zimmerman to the negotiating table to plead guilty to such a lesser charge. But, he added, it is impossible to say whether it is overly tough, since evidence has not yet been produced.
The case will almost certainly include a pretrial hearing to determine whether the state’s Stand Your Ground law, which grants broad protections to people who claim to have killed in self-defense, applies; if the judge finds that Mr. Zimmerman acted appropriately, the case will end there. If the judge decides that the protections of the law do not apply, the case will go forward.
At trial, however, the question of self-defense can be brought up again and possibly will, said Robert Weisberg, a criminal law expert at Stanford Law School. That could lead to a fallback position for the jury — if allowed by the judge — of a lesser verdict of manslaughter should the jury decide that Mr. Zimmerman sincerely but unreasonably believed that he was appropriately using lethal force to defend himself, which is known as “imperfect self-defense.”
Either side in the case could request that the judge instruct the jury to consider that middle ground, and if the evidence supports such a finding the judge will in almost all cases comply, Professor Weisberg said. A confident prosecutor may not want to risk missing the toughest conviction, however, and a confident defense lawyer may not want to risk giving the jurors a lesser charge that they can choose instead of acquittal. And so, he said, the question may come down to, “Who’s feeling lucky?”
Wallychamp
Kings Lose Crowns, Teachers Stay Intelligent
No, thats not how it works
yes it is... Why do you think they keep saying that he can still be convicted on Manslaughter if the prosecution can't prove 2nd Degree Murder...
http://www.nytimes.com/2012/04/12/u...ond-degree-murder-charge-in-florida.html?_r=0
i thought they were going for multiple things or could get manslaughter if 2nd degree falls through
yes it is... Why do you think they keep saying that he can still be convicted on Manslaughter if the prosecution can't prove 2nd Degree Murder...
http://www.nytimes.com/2012/04/12/u...ond-degree-murder-charge-in-florida.html?_r=0
the defense will have to approve of that first, the judge just cant go asking the jury to consider the lesser charge without approval from Zimmerman's defense team
still confused as to the actual events of the fight.
has a timeline of the events been put up anywhere? i can't find them on the net
has a timeline of the events been put up anywhere? i can't find them on the net
Wallychamp
Kings Lose Crowns, Teachers Stay Intelligent
WTF... I'm done... The state charged Zimmerman with the highest charge they felt they can get him on which is 2nd Degree Murder... They have a to prove that he committed 2nd Degree Murder but they have the lesser charge of Manslaughter to fall back which is easier to prove than 2nd Degree... Manslaughter is basically negligence which caused a death and requires less time served... The judge can instruct the jury to include the lesser charge when they go to deliberate... I've seen it happen countless times in court cases... the defense has no say on what charges are bought against their client... I hope you are just playing... if you are serious then...
http://www.nytimes.com/2012/04/12/u...nd-degree-murder-charge-in-florida.html?_r=1&
