Zimmerman Charged With 2nd Degree Murder Why?


PDA






Tom-C
April 12, 2012, 11:14 AM
Special prosecutor Angela Corey charged George Zimmerman with 2nd Degree murder. Why did she do that?
1. She really believes he is guilty?
2. Room to plead?
3. No chance he can get convicted with the evidence?
4. Politics?

If you enjoyed reading about "Zimmerman Charged With 2nd Degree Murder Why?" here in TheHighRoad.org archive, you'll LOVE our community. Come join TheHighRoad.org today for the full version!
Tom-C
April 12, 2012, 11:22 AM
If it is across the line sorry, my intention is that (to me) this is a straight up self-defense issue. Imminent fear of great bodily harm. So why go all the way to Second-Degree?

Owen Sparks
April 12, 2012, 11:29 AM
Because of public pressure.

CoRoMo
April 12, 2012, 11:34 AM
Florida's 2nd degree murder charge REQUIRES that the defendant "acted according to a “depraved mind” without regard for human life".
To prove second degree murder, a prosecutor must show that the defendant acted according to a “depraved mind” without regard for human life. Florida state laws permit the prosecution of second degree murder when the killing lacked premeditation or planning, but the defendant acted with enmity toward the victim or the two had an ongoing interaction or relationship. Unlike first degree murder, second degree murder does not necessarily require proof of the defendant’s intent to kill.
I'm extremely interested in what facts the prosecutor has that affirm this requirement. It is certainly information that we do not seem to have at this point.

gfanikf
April 12, 2012, 11:39 AM
Florida Jury Instructions for a Second Degree Murder Case

Note if you go to the main page it mentions self defense instructions as being under review (and other areas).

http://www.floridasupremecourt.org/jury_instructions/instructions.shtml


7.4 MURDER—SECOND DEGREE
782.04(2), Fla.Stat.

To prove the crime of Second Degree Murder, the State must prove the following three elements beyond a reasonable doubt:

1. (Victim) is dead.

2. The death was caused by the criminal act of (defendant).

3. There was an unlawful killing of (victim) by an act imminently dangerous to another and demonstrating a depraved mind without regard for human life.

Definitions.
An “act” includes a series of related actions arising from and performed pursuant to a single design or purpose.

An act is “imminently dangerous to another and demonstrating a depraved mind” if it is an act or series of acts that:

1. a person of ordinary judgment would know is reasonably certain to kill or do serious bodily injury to another, and

2. is done from ill will, hatred, spite, or an evil intent, and

3. is of such a nature that the act itself indicates an indifference to human life.

In order to convict of Second Degree Murder, it is not necessary for the State to prove the defendant had an intent to cause death.

Lesser Included Offenses

SECOND DEGREE (DEPRAVED MIND) MURDER — 782.04(2)
CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO.
Manslaughter 782.07 7.7
Third degree (felony) murder 782.04(4) 7.6
Vehicular homicide 782.071 7.9
(Nonhomicide lessers)
Attempt 777.04(1) 5.1
Culpable negligence 784.05(2) 8.9
Culpable negligence 784.05(1) 8.9
Felony battery 784.041 8.5
Aggravated battery 784.045 8.4
Aggravated assault 784.021 8.2
Battery 784.03 8.3
Assault 784.011 8.1




Comment

This instruction was adopted in 1981 and amended in 1997 [697 So. 2d 84] and 2008 [994 So. 2d 1038].
http://www.floridasupremecourt.org/jury_instructions/chapters/chapter7/p2c7s7.4.rtf

CoRoMo
April 12, 2012, 11:41 AM
I don't see how,beyond clairvoyance that those facts can ever be proved.
That would then mean that nobody can legitimately be charged with 2DM in Florida, but I'm sure it happens.

The defendant's own testimony, for instance, can prove that he acted in this manner.

Sky
April 12, 2012, 11:41 AM
I to have wondered if the "outside influences" contributed to the charges filed. Do something or watch your city burn kinda thing.

The autopsy should bring out more facts and maybe the prosecutor already knows what the results are?

Let us all hope justice will be served once all the facts are in.

It did present a poor showing by some of the network news MSN channels editing the 911 tape to get the most out of an already emotional situation.

CoRoMo
April 12, 2012, 11:44 AM
The defendant's own testimony...
Back to the 'WHY' question about the charges.

It recently came out that Zimmerman, while in hiding, placed a call to, and spoke directly with Angela Corey. As utterly stupid an action this is, that phone call conversation could contain the primary evidence as to why Corey informed the charge against Zimmerman.

the_hustleman
April 12, 2012, 11:47 AM
If it is across the line sorry, my intention is that (to me) this is a straight up self-defense issue. Imminent fear of great bodily harm. So why go all the way to Second-Degree?

But zimmerman created the situation.

Syg doesn't protect you when you initiate a problem THEN shoot someone!

*swyped from the evo so excuse any typos*

rajb123
April 12, 2012, 11:50 AM
I'm hoping the judge tosses the case before it goes to trial. The Florida law is clear and all the evidence seems to support his claim that he acted in self defence.

I was surprised the DA did not take the case to the GJ and have them fail to indict. This would have been the best way to defuse the politiaclly charged situation.

....perhaps the DA is planning to run for VP.

Kleanbore
April 12, 2012, 11:52 AM
Why the special prosecutor did what she did is something that only she can answer.

The question calls for pure speculation.

tuj
April 12, 2012, 11:53 AM
It recently came out that Zimmerman, while in hiding, placed a call to, and spoke directly with Angela Corey.

I thought it was said that she refused to speak with him?

Kleanbore
April 12, 2012, 11:56 AM
We will reopen the thread in ST&T for discussion within specified guidelines.

If you enjoyed reading about "Zimmerman Charged With 2nd Degree Murder Why?" here in TheHighRoad.org archive, you'll LOVE our community. Come join TheHighRoad.org today for the full version!