I am 100% sure that GZ has been arrested. I am also 100% sure that GZ's arrest was legal. I am again 100% sure that GZ will have the opportunity to present his side of the story in court. Do I believe that he was arrested because the prosecutors wanted to save GZ from the likes of Spike Lee? In a word ...no.
http://www.richardhornsby.com/crimes/homicide/second-degree-murder.html Definition of Second Degree Murder The crime of Second Degree Murder occurs when a person commits either: •Murder with a Depraved Mind or •Accomplice Felony Murder Murder with a Depraved Mind Murder with a Depraved Mind occurs when a person is killed, without any premeditated design, by an act imminently dangerous to another and evincing a depraved mind showing no regard for human life. Penalties for Second Degree Murder The crime of Second Degree Murder is classified as a First Degree Felony and is assigned a Level 10 offense severity ranking under Florida's Criminal Punishment Code. If convicted of Second Degree Murder, a judge is required to impose a minimum prison sentence of 16¾ years in prison and can impose any additional combination of the following penalties: •Up to Life in prison. •Up to Life on probation. •Up to $10,000 in fines. 10/20/Life Under Florida's 10-20-Life law, a person who uses a Firearm to commit Second Degree Murder must be sentenced to a minimum-mandatory prison sentence of 25 years Defenses to Second Degree Murder In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, specific defenses to the crime of Second Degree Murder are: Excusable Homicide The killing of a human being is excusable, and therefore lawful, under any one of the following three circumstances: •When the killing is committed by accident and misfortune in doing any lawful act by lawful means with usual ordinary caution and without any unlawful intent, or •When the killing occurs by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation, or •When the killing is committed by accident and misfortune resulting from a sudden combat, if a dangerous weapon is not used and the killing is not done in a cruel or unusual manner. Justifiable Homicide The killing of a human being is justifiable homicide and lawful if done while resisting an attempt by someone to kill you or to commit a felony against you. Self Defense Also known as the justified use of deadly force, self defense is a defense to the crime of Second Degree Murder. Please view the Florida Self Defense section for more information. --------------------------------------------- Pretty sure charging him with 2nd degree murder is spot on. Now we will see how it all plays out (murder, manslaughter or the jury finds that he acted in self defense) IF GZ did not act in self defense, then his act is 2nd degree by pure definition.
Yes, I have seen the definition for 2nd degree murder but I am not seeing that much evidence to support it. The fact that Martin was witnessed beating up Zimmerman to me would rule out "depraved" intent on the part of Zimmerman as shooting Martin out of callousness. That doesn't mean that Zimmerman acted in self-defense as the position of Martin's body in relation to Zimmerman doesn't seem like he shot him while he was bashing his head in. My read on this is still manslaughter. To me that fits the known facts best. I am not ruling out that maybe there is some other evidence that makes it murder 2 but I am not aware of it.
The special prosecutor loses nothing my charging 2nd degree murder, she can always downgrade the charges or request the Judge instruct jury to consider a lesser charge. I am fairly certain in Florida you can downgrade charges prior to sending to deliberation, but not the other way around.
I assume they are not stupid when they charged him with murder 2. Either they have evidences we do not know about or they are super confident in their ability to convince the jury.
Yes it could be, otherwise she has no bargaining chips. I try not to include my personal bias, but based on my professional experience the public and political pressure cannot be ignored... The prosecutor and her bosses are in a very tough spot.. I think it is very possible the DA has told her she WILL try this case regardless, because nothing short of heavy jail time will satisfy the public... I don't envy her, this is a tough one.. The one unknown variable is Zimmerman, he strikes me as his own worst enemy.
Well Zimmerman's lawyer just dropped this case because he won't talk to the lawyer and would not listen to his advises.
He is expected to name a prominent Orlando attorney to represent him.. Interested to see how he tries to spin Zimmerman to the press.
Hmm .... I am not entirely sure how to respond other than to say I am surprised Obama hasn't put a gag order in effect... Unless he is willing to spend political capital on the issue...
Not possible. The Martinista press has already convicted him. The only way he gets a fair trial is if Henry Fonda is on the jury.
Holder spoke to Sharpton 's group earlier today as well, so the Obama admin is officially at war against Zimmerman.
Go to hell. EDIT - Well, that's one I wish I could have back. I am unequivocally sorry for that Major Mal.
Does charge mean he is 100% guilty? Even when they are 100% guilty like OJ, they can still get off. Why are you defending Zimmerman like he is your family member anyway?
I haven't posted on this subject yet, but as someone in law school, I always tend to side with the law, but as a man who grew up and worked in a family business that owned many convenience stores I have to say the black culture in america is truly startling to say the least. Now don't get me wrong I had problems with all types of customers from all different races, but african americans were just far and away the most troublesome group. I know that there are many that are great people now, but for the most part my issues first hand as a teenage cashier in a convenience store involved many arguments which escalated into fights with african americans because they're so defensive and throw the race card left and right when you say anything. A guy blocks the pump to sit and wait for a friend to call him, you ask him to move, he replies with a rude comment and claims it's because he's black. The best one, happened 6 or 7 times with black people only, they would eat 90% of a bag of chips then claim it was stale and of course to avoid an argument I'd give them a new bag. Complaints about product prices were rare from any other race but blacks. Today, I have many friends that are black, but to say that there isn't an enormous gap between the majority of blacks and the educated, successful types that you would find in grad school and or corporate america is a joke. Our issue as Americans needs to begin with how do we educate blacks and get them to drop the thug culture and the saggy pants and lack of eloquent speaking tone. They are a big part of our society and we need them to get on par with the rest of us, now there are lower class people in every race but poor mexicans, even the illegals seem to be awfully hard workers who go above and beyond to take care of their own. I know as an indian american we have many relatives who came and worked in the family business and save their money to send home to educate the youngsters and make sure they could have a better life. A better life seems to be the goal for most people of my race when they arrive in the US, they work hard, send money back home and make sure others rise above them. I don't know many american blacks who work hard to make sure their children have everything they need and more? I know a few african blacks who do that, but we need to get to the root of the problem which is the lack of education and ignorance on the part of many blacks By ignorance and lack of education I mean had Trayvon been wearing a polo and shorts versus a hoodie would george zimmerman have even questioned his being in this neighborhood? That is debatable but highly unlikely, even I am guilty of racial profiling after the childhood jobs that I had. All I'm saying is if young blacks want to be thug life like rappers and dress like thugs, don't be surprised when somebody questions you about being a THUG. Trayvon probably was a nice kid, yes he had his suspension from school, but I am assuming he got defensive when someone asked why he was there, and a neighborhood watch captain is doing his job when he questions what appears to be a hoodlum. Call it what you will, but I grew up in tanglewood, there were no black people in hoodies walking around and you can bet your ass if there was one the tanglewood patrol would stop him and ask questions or follow him around to see his intentions. All I'm saying is if blacks don't want society to profile them, then don't try to follow the stigma of past blacks. As a muslim, I do not want to be stereotyped as an Al Qaida so I don't grow a long beard, plain and simple. It is a travesty, and it's awful now bc this prosecutor is gonna throw the book at him and probably try to run for office with a win, and florida can't afford another trainwreck after casey anthony so this case is probably in the books. Either way, we need to look at how to educate our black youths so this doesn't happen again, Carlton Banks doesn't get questioned or shot by George Zimmerman plain and simple Hope I didn't offend anyone with this post, but I realize I cant please everyone. Also yes I rushed through and typed this quickly after reading many pages of this thread, so can you please spare me all the run on sentence and grammatical errors and tell me Im gonna be an awful lawyer once day? Thanks guys, look forward to the debate that ensues
