Posted on 07/10/2013 6:47:08 PM PDT by Perdogg
can the lawyer explain that in the closing arguments? thus trumping the judges illegal instructions
Hope so. From what I read about MOM’s press conference yesterday he
did state something to the effect that if he’s not guilty of murder 2 then
he can’t be found guilty of manslaughter.
from greta wire.com - their summary of his presser
“what george did was intentional act reason why was self defense doesnt suggest manslaughter charge woudl be appropriate”
This never would’ve gotten to trial had Zimmerman claimed he was an illegal. La Raza would’ve thrown up the shields and shouted “HANDS OFF!”
What I can not understand or fathom is..How can you instruct ajury on a lesser charge WITHOUT TELLING THEM WHAT THE PUNISHMENT IS?????
that’s just crazy.
Yes it is the time when the parties start talking about jury instructions. It is not the time when new charges are brought.
The prosecuting attorney had all the time he needed to decide what he wanted to charge Zimmerman with, PRIOR TO THE TRIAL starting.
Now he wants to change it. I don’t see that as reasonable.
Zimmerman should have known the charges up front. He should have been able to launch a defense knowing full well what those charges would be.
No that the trial is nearly over, new charges, new options are being devised.
Sorry, I could be wrong as can be, but I do not see that as reasoned.
Was he charged with Second Degree murder, or was he charged with manslaughter? It makes a difference. He should have been able to defend against manslaughter during the trial, if that’s what he was going to ultimately face.
He wasn’t given that opportunity.
Ahhh...and then, what about attorney costs??? Zimmerman was already running on empty.
Manslaughter is a lesser included offense to Murder, under Florida law. That means that every element of Manslaughter is also an element (or is within an element) of second-degree murder. It also means that jury instructions are the proper time to introduce it. That’s just how things work in Florida (and most other states), and as a Florida attorney, Zimmerman’s lawyers knew that and I’m sure they prepared their defense with that in mind.
Yes, the attorney costs would be significant. And, of course, there is always the risk that the testimony at a second trial wouldn’t be as favorable for Zimmerman (for one obvious example, you can bet that Martin’s “friend” would be better prepped to testify). Based on how this trial has gone, if I were Zimmerman’s lawyer, I would make damn sure I didn’t do anything to risk a mistrial.
Thank you for the explanation. And where does child abuse figure in? ;^)
I would hope that didn’t fly. There’s where I’d really have to draw the line.
Without having looked at the statute, I would guess that child abuse is one of the enumerated offenses for third-degree felony murder (or, possibly, that third-degree felony murder covers all felonies not covered by first- and second-degree felony murder), and the State is arguing that the jury should be instructed to consider whether Zimmerman was "abusing" Martin, and thus whether Martin's death occurred during the course of Zimmerman's "abuse."
As I said, though, I'm not watching the proceedings, nor am I familiar with the particular Florida statutes - this is just a guess based on my general understanding of criminal law, so take it with a grain mound of salt.
The reference to ‘Child abuse’ was made related to a Drudge headline saying the prosecutor was going to seek to add that in too. That may or may not take place.
At any rate, as much as I can, I understand the points you were making related to offenses that could be grandfathered in under each category.
I appreciate the points.
prosecutors also now want to try to charge him with child abuse .
maybe they can get him on littering ,too. (for getting his own blood from the back of his head on a public sidewalk)
probably jaywalked sometime that night as well.
Good line to a different movie.
What a time to live & see a nation crumbling right in front of you. Can you imagine in 10 or 20 yrs from now. You will wish that you were in the Russia. This POS judge, this compromised Supreme Court (Roberts), this bought & paid for CONgress & Mr & Mrs taxpayer (whitie) will sit on their arses & allow it to happen & them as they head to the Gulag.
“This judge is incompetent to say the least.”
I disagree. I think she is a portent of things to come in the USA where the judiciary will become just another organ of the Communist Party that’s currently running this country.
The judge looks like Chris Farley.
Why you haten on Farley?
“The judge looks like Chris Farley.”
There seems to be three schools of thought on this matter: the judge is a ringer for an in-drag version of either Farley, Goodman or Meatloaf.
I wish we could settle on one!
They'll just be paperweights.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.