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To: pawpawrick

I’m not a legal expert, so here’s my question:

If Zimmerman is charged with 2nd-degree murder, can a jury still decide to find him guilty of a lesser charge such as manslaughter?


16 posted on 04/11/2012 3:29:09 PM PDT by Momaw Nadon ("...with the ultimate goal of ending tyranny in our world.")
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To: Momaw Nadon

(not an attorney either) I believe it has to be presented to the jury as an option at trial.


26 posted on 04/11/2012 3:33:33 PM PDT by arichtaxpayer
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To: Momaw Nadon

Yes, they can go down but not up.

If this guy pleads to M/S, he is a fool.


32 posted on 04/11/2012 3:35:12 PM PDT by Mouton (Voting is an opiate of the electorate. Nothing changes no matter who wins..)
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To: Momaw Nadon
No, I don't think so. When you are on a jury you are instructed on the laws for each count. You don't get a chance to change the counts.

But, if manslaughter is on the list of charges, you can be not guilty for 2nd-degree murder, but guilty of manslaughter.

34 posted on 04/11/2012 3:35:14 PM PDT by between_the_lines_mn
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To: Momaw Nadon

Prosecutors routinely overcharge for that very purpose - to allow the jury a “menu of choices” for their verdict. (2nd degree murder is the maximum that the jury can choose now.) The prosecutor has an ethical responsibility not to charge what she can’t prove. So she believes she can prove 2nd degree murder beyond a reasonable doubt. If/when Zimmerman asserts an affirmative defense under the Stand Your Ground law, the prosecution will fight it.


68 posted on 04/11/2012 3:48:59 PM PDT by BuckeyeTexan (Man is not free unless government is limited. ~Ronald Reagan)
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To: Momaw Nadon
If Zimmerman is charged with 2nd-degree murder, can a jury still decide to find him guilty of a lesser charge such as manslaughter?

Yes they can return a verdict on a lesser included offense, but I don't expect that to be relevant to this case.

The case will turn entirely on whether Zimmerman was justified in using deadly force to defend himself.

The same justification is equally applicable as a defense to manslaughter as it is to second-degree murder.

82 posted on 04/11/2012 3:53:57 PM PDT by Meet the New Boss
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To: Momaw Nadon
can a jury still decide to find him guilty of a lesser charge such as manslaughter?>>>>>>>>>>>

It depends on the indictment document and Florida law. Generally manslaughter is a lesser and included offence , when intent ( mens rea) cannot be proven , but the act itself is proven.

This is a political show trial worthy of a communist state, not of the due process guranteed by the Constitution.

I doubt Zimmerman will be convicted , unless he has an incompetant defence lawyer. It will cost a LOT of money.

140 posted on 04/11/2012 4:12:44 PM PDT by Candor7 (Obama fascist info....http://www.americanthinker.com/2009/05/barack_obama_the_quintessentia_1.html)
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To: Momaw Nadon

The burden of proof is pretty high in Florida. Just ask Casey Anthony.


161 posted on 04/11/2012 4:23:03 PM PDT by ImJustAnotherOkie (zerogottago)
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