If she tries to introduce lesser charges I believe that will prompt Zimmerman’s lawyers to call for a mistrial.
You can’t just start adding in charges, he’s up for a 2nd degree homicide. There were no other charges the jury could consider. They can’t change that in the middle of the trial because it appears that one side can’t get the outcome they desire. That’s absurd. That would set grounds for mistrial, and certainly an appeal.
Further I do not believe they can meet the definitions required to ask for either voluntary or involuntary manslaughter. There is no indication what George did was wrong, given he was getting the crap kicked out of him, and was the only one who got beaten up, validating his story, so how do they prove that his self-defense wasn’t necessary? They can’t disprove it and the evidence supports his account. They can’t go for involuntary manslaughter because there was no culpable negligence (disregard for human life while engaged in wanton or reckless behavior). witnesses and story and evidence all corroborate this was not the case.
They can only go for 2nd degree homicide. If that can’t be proven they can’t squeeze this into manslaughter because it doesn’t fit the definitions of either voluntary or involuntary manslaugter. The state has actually proven George Z to be truthful and his account accurate. He can’t then be pegged with either voluntary or involuntary manslaughter.
Oh, it may indeed be grounds for a mistrial, but frankly I dont think the prosecution or the Judge care about that. I believe they are under orders to do what they can to avoid riots.
So even though there is no case, you charge him and go to trial. You get a conviction.
If, after a while it gets declared a mistrial then no one cares...the race-pimps get their moment in the sun and the perpetually offended have moved on to some other point in the “struggle”...
But I believe the Judge does indeed have the discretion to allow the prosecution to introduce lesser included offenses. Of course, they’d have to make the case why its necessary to do so at such a late date, but she’s given in to every other thing they want.
A manslaughter conviction of a minor (someone 17 and under) in Florida is 30 years. If Zimmerman is not found innocent he goes for many, many years. But within the first year he’ll be beat to death by gangbangers.
Technically, 2nd degree murder. Zimmerman committed homicide, and admits he did.
But that isn't the point of my post. You are mistaken that the only charge available is 2nd degree murder.
If the jury gets the case, they must be given the manslaughter instruction. Nobody has discretion on that, not even the judge.
If you click on the link, it'll take you to a post that links to case law, rules of criminal procedure, and other authority on the point.
Manslaughter is automatically a “lesser included” charge. One of the hurdles for the prosecution is that they not only have to prove 2d degree (or manslaughter) beyond a reasonable doubt, they also have to prove (beyond a reasonable doubt) that it was not self-defense. In other words, if the jury believes Zimmerman acted in self-defense, they cannot convict of the lesser charges, either.
That is, if this case is decided based on the facts, which I still doubt it will be.