No, the reason Second Degree murder is much more difficult to prove than manslaughter or unjustifiable homicide (in Florida, where because of this thread I have read the statutes) is it has a very specific intent clause that must be proven along with the other two elements of the crime:
If you can’t prove the evil intent/ill will/hatred/spite (and no, “he shot him that is obviously evil intent” doesn’t work) it’ll end up being manslaughter even if you prove the illegality of the shooting itself but don’t prove the intent element.
In many local cases I’m familiar with here in Virginia prosecutors will up charge fights that end up in death to murder but almost all I knew of personally (a small handful) the plea ends up being manslaughter and not murder. If you don’t charge high you can’t plea high, either.
Zimmerman’s new lawyer is named Mark O’Mara. I think he did a terrific job at the press conference. He seemed almost grateful that at this state he is operating in almost total ignorance, he responded to several questions by noting that he knows nothing more than what the reporters themselves already know. The only substantive information he provided was that Zimmerman contacted him after his name had come up in conversations Zimmerman had with other people he asked for advice about who to hire. One other small piece, he also noted that he expected “self-defense” to be an element in the case, which is hardly a surprise.
It ends up being just, “yeah, I wanted to kill the bastard”. What we’ve heard from eye witnesses is that Martin as on top punching Zimmerman. So I see no way of proving that Zimmerman just wanted to shoot the bastard. It was clearly a defensive shot. Now, I can see an argument for negligence or recklessness leading to a manslaughter charge, but not murder.
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It was clearly a defensive shot.
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If that were true, dude wouldn’t have been charged with murder. I think it’s safe to say that not only is it not clear it was defensive, there is evidence that it wasnt.
Well, at least the riots are on hold for awhile. Al Sharpton and Jesse Jackson have turned this into a very danger powder keg.
I’m actually glad he’s being charged. I don’t think there’s any chance he’ll be convicted. But at least the trial will make the blacks happy. No one has to die in the riots this week.
I am concerned Sharpton and Jackson will keep fanning the hate speech. We may see Rodney King style rioting and looting after Zimmerman is found not guilty.
I hope not. I’ve lived through enough riots, beatings and lootings for one life time. My first was Watts in 1965. I was only 4 years old and still remember the burning buildings on the news.
Like I said earlier, unless there is some shocking big reveal, we have a witness who saw Martin beating Zimmerman and Zimmerman had wounds consistent with being beat up. Even if Zimmerman started the fight, there’s no real way to pin a murder charge on him.
Sharpton and Jackson were merely pushing for the investigation to proceed and charges to be filed, as opposed to the original investigation which consisted of “self-defense? Olly olly oxen free!”
It would be nice if the trial was televised so that we can all see the evidence and have some idea whether or not the verdict is fair.
To accuse Sharpton and Jackson of hate speech is ludicrous.
He’s threatening to escalate. How long will it stay peaceful? There’s already reports of White supremacists coming into that area. You got the new black panthers. This is a powder keg just like Rodney King in LA.
At best Sharpton is naive if he thinks fanning this fire won’t result in riots. At worst he’s an agitator that needs to be charged for what happens.
Sharpton made a pretty nice speech right after the prosecutor’s press conference. He said, essentially, that although he was admittedly skeptical of the Florida governor’s commitment to justice in this case, he was happy to have been proven wrong by today’s developments. He said that although he would never claim that the authorities were pressured into arresting Zimmerman by the publicity he and others brought to the case, he believes that they were at least pressured into taking a second and more thorough look into the case.
And he said that this was not a time for high fives or gloating, because there were no winners here. The Martins have still lost their son.
Did you see the EMT report while the rest of us have not? I strongly suspect this record comes no where close to backing up Zimmermans claims of a broken nose and battered head. Without that, all you have is Zimmerman word and one witness who saw a scuffle in the dark. I can’t wait to see what comes out in the trial.
We have a homicide detective and a prosecutor who saw the evidence and concluded that Zimmerman acted unlawfully. I don’t know why you’re continuing to put any credence in Zimmermans version of events, but you’re fast becoming one of the few people on the planet doing so.