A middle ground decision of manslaughter getting 20+ years is no “compromise” b/w 2nd-DM at 30 years & full acquittal ... this obsession with trying to please everybody cannot be done at the expense of individual freedoms.
Yeah, I’ve been saying manslaughter and 5 years to serve. At least that’s probably what it would have been in VA when I was practicing.
The judge’s instructions to the jury:
“MANSLAUGHTER To prove the crime of Manslaughter, the State must prove the following two elements beyond a reasonable doubt: 1. Trayvon Martin is dead. 2. George Zimmerman intentionally committed an act or acts that caused the death of Trayvon Martin.”
The judge has misstated the law:
Fla. Stat. § 782.07(1) Manslaughter.- The killing of a human being by the act, procurement, or culpable negligence of another, without lawful justification according to the provisions of chapter 776 and in cases in which such killing shall not be excusable homicide or murder, according to the provisions of this chapter, is manslaughter, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Fla. Stat. § 776.012 Use of force in defense of person.—A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. However, a person is justified in the use of deadly force and does not have a duty to retreat if:
(1) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony; or
(2) Under those circumstances permitted pursuant to s. 776.013
Fla. Stat. § 782.04(2) Murder.— The unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual, is murder in the second degree and constitutes a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084.
Fla. Stat. § 782.03 Excusable homicide.—Homicide is excusable when committed by accident and misfortune in doing any lawful act by lawful means with usual ordinary caution, and without any unlawful intent, or by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat, without any dangerous weapon being used and not done in a cruel or unusual manner.
http://www.wsbradio.com/news/news/local/document-instructions-george-zimmerman-jury/nYnm3/
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Index&Title_Request=XLVI#TitleXLVI
There was a thread in FR yesterday where a lawyer mentioned that the judge had written the instructions for the Manslaughter charge in a confusing way, which did not make clear to the jury that self-defense was also a legitimate defense against Manslaughter. If that is the case, it may be a good sign that the jury is asking for clarification.
If not-guilty, massive riots. If 2nd murder, lesser riots. If manslaughter, then massove riots.
If either of the latter two, there is an appeal based upon numerous allegations, biased judge, new charge, etc. If the appeal is granted then more riots.
If remanded back to district court and found not guilty, massive riots. If found 2nd-murder (assuming the manslaughter is not allowed) then lesser riots.
In any case whitey is going pay for this affront on the scantity of the poor Marvins and the blacks in general.
The jury has NO IDE that the Manslaughter charge carries the same sentence as second degree murder!!!
Poor guy. I knew he was going to get hosed when I saw he had an all-woman jury. Go ahead and flame away, and call me names, but women generally tend to take an emotional view of things rather than an objective one. That’s fact. And in some instances that’s a good thing. But not in a legal process where facts and objectivity are to be the determining factor, and emotion is supposed to be left at the door.
I handle civil litigation for the defense. So, the plaintiff is always injured or damaged in some manner (and that can be physically, financially, reputationally, etc.). And, let’s face it, women tend to empathize with someone who has been damaged, and they tend to want to take care of them. Not all women; but most, and that’s all it often takes to lose a defensible case.
That jury should have been out no longer than 30 minutes. They are worrying about what is the verdict that will make them look to be “caring.” Zimmerman might become another genuine American political prisoner like the fellow who did the little video trailer that got blamed for Benghazi.
What I hate about the rule that a lesser charge has to be considered is that it makes that lesser offense seem like a reasonable “compromise” in the eyes of the jurors, and lets them be lazy about what the evidence actually showed.
Someone has to work to create that description of what was a man on his back bleeding, with broken bones, getting off a single shot into the man on top of him as they were clutched together in a death struggle, this description makes it sound as though Zimmerman fired on Martin at some distance in an act of aggression.
Disgusting that they are even considering ANY charge against this poor man.
What a crock of brown stinky stuff. Ho can he be not guilty of murder 2 based on a self defense defense, yet guilty of manslaughter? Either it was self defense or it wasn’t, end of story. Dumbing down to manslaughter sounds like an automatic reversal on appeal. Why not save everyone the trouble and, oh by the way do what’s right, and find not guilty.
W.R.O.N.G. this is a political (black) decision/ploy to make a “white hispanic” pay to appease the darker side of our society. Total BS! Lock ‘N Load!
CNN just cannot tell a story without lying.
It actually may be good news. Perhaps they were asking what the penalty on conviction was. If so they may be more inclined to avoid that verdict if they got a straight answer.
So if your brain is being smashed on the sidewalk and your nose is broken and you are in intense pain you can’t use force to defend yourself? Too bad Zimmerman isn’t gay.
The since-deleted tweet, which came from @mark12394995, read “If Zimmmerman free imma shoot everybody in Zion [Illinois] causing a mass homicide, and ill get away wit it just like Zimmerman.”
I sat on a jury for a murder trial that was something like this. The defendant claimed self defense. The local authorities didn’t have enough evidence to prosecute it, so the state stepped in. Nothing the prosecution presented gave reasonable doubt that it wasn’t self defense. At the end of the trial the prosecution brought in a lot of unsubstantiated nonsense to persuade jurors, and it worked. It was a hopelessly hung jury.