George Zimmerman charged with 2nd degree murder of Trayvon Martin **Read Post #142**

[AbeBeta]

There must be evidence of some kind to go with 2nd degree. I can't imagine them charging him with that unless they were sure that they had solid enough evidence to go with 2nd degree. Thought that it would be ManSlaugther

I think you would need an actual, not imagined reason to fear for your life for it to be manslaughter

 

[casmith07]

I think you would need an actual, not imagined reason to fear for your life for it to be manslaughter

No, manslaughter is generally negligent or accidental homicide.

 

[Romo_To_Dez]

They were upset he was in touch with the prosecutor. And today he is arrested. You don't think a deal was worked out?

I understand them being upset that GZ did things behind their back or without their knowledge. They still didn't have to put him out to the Media like that. It doesn't make Zimmerman look smart if he is contacting people without his Defense knowing because he could end up saying something that hurts himself.

I don't know if Zimmerman was trying to work out a deal or just plead his case

 

[Hostile]

Just my opinion, but he should plea bargain to Manslaughter and avoid a trial at all costs.

 

[Romo_To_Dez]

I think you would need an actual, not imagined reason to fear for your life for it to be manslaughter

Right so there has to be evidence that we don't know about for them to go there. I don't think that they would charge him with that if their wasn't clear evidence pointing to 2nd degree.

 

[CliffnDallas]

I hope the trial is televised.

 

[casmith07]

Just my opinion, but he should plea bargain to Manslaughter and avoid a trial at all costs.

If I were his defense counsel, I would be up first thing tomorrow morning, if not today, on the phone with the prosecutors trying to get a deal.

Right so there has to be evidence that we don't know about for them to go there. I don't think that they would charge him with that if their wasn't clear evidence pointing to 2nd degree.

No, read above. Manslaughter is generally negligent or accidental homicide.

I hope the trial is televised.

It won't be.

 

[justbob]

yea, cause it's been so civil until now.

i don't know enough about how it all works to say if it was slow or fast or even if charges should be pressed, i leave that to the police and will just keep my popcorn handy and see how this goes.

cas - thanks for the wording of the law.

Fast or slow depends on the circumstances of the case..A smoking gun case where the suspect is known and there is no need for a large amount of lab work(dna, trace evidence , etc.) goes fast. This case seems to be one where it was a matter of gathering the facts and waiting on the autopsy.

Unfortunately "public outcry " as one person put it should not have any bearing on whether this case was indicted or not. But it was . The circumstances of who was shot and by whom and the large amount of pressure brought by a certain part of society has played cards in this case that it shouldn't. Not arguing guilt or innocence , but the pressure brought in this case would not have been as great (or even discussed on ever on the site ) if the players were different.

 

[justbob]

Just my opinion, but he should plea bargain to Manslaughter and avoid a trial at all costs.

Not sure I agree Hos. most of the "facts we know" are all from the press and are usually wrong or half truths.... Usually the first call by law enforcement will be the best on this type of case..


The only reason to plea would be because the case has been tried by the public --in which case He can not get a fair trial

 

[Hostile]

If I were his defense counsel, I would be up first thing tomorrow morning, if not today, on the phone with the prosecutors trying to get a deal.

Yep, if they are worth a damn and he's not stupid enough to think he can beat the rap.

 

[Hostile]

Not sure I agree Hos. most of the "facts we know" are all from the press and are usually wrong or half truths.... Usually the first call by law enforcement will be the best on this type of case..


The only reason to plea would be because the case has been tried by the public --in which case He can not get a fair trial

That is part of it. I am not saying he can't. I'm saying I would not roll the dice. Not at all.

 

[CowboyMike]

I think you would need an actual, not imagined reason to fear for your life for it to be manslaughter

No, manslaughter is generally negligent or accidental homicide.

Unless it's Voluntary Manslaughter.

Voluntary Manslaughter is an intentional killing involving no premeditated intent to kill and was committed in circumstances that emotionally compromised the killer.

Say, a bar fight results in death. That's Second Degree Murder. But if that same bar fight was started because of a sudden discovery of infidelity, it may be considered Voluntary Manslaughter.

EDIT: In this case, I don't think Zimmerman was necessarily emotionally compromised, which may be why he didn't receive the Voluntary Manslaughter charge.

 

[TheCount]

I hope the trial is televised.

I hope it's not. From this point on, it's a criminal trial, not a reality tv show.

 

[justbob]

Unless it's Voluntary Manslaughter.

Voluntary Manslaughter is an intentional killing involving no premeditated intent to kill and was committed in circumstances that emotionally compromised the killer.

Say, a bar fight results in death. That's Second Degree Murder. But if that same bar fight was started because of a sudden discovery of infidelity, it may be considered Voluntary Manslaughter.

Think you need to add voluntary and involuntary

 

[CowboyMike]

Think you need to add voluntary and involuntary

What do you mean? I didn't touch Involuntary because it does not apply. Only Voluntary applies, which I explained.

The argument is between Second Degree Murder and Voluntary Manslaughter. Both of those are murders committed on the spot, with no prior planning, and simply differ in the circumstances.

Involuntary Manslaughter is an unintentional murder, like a death resulting from drunk driving. It's basically an accident that occurs because one person was negligent. Zimmerman was not negligent and did not "involuntarily" pull the trigger.

 

[casmith07]

Unless it's Voluntary Manslaughter.

Voluntary Manslaughter is an intentional killing involving no premeditated intent to kill and was committed in circumstances that emotionally compromised the killer.

Say, a bar fight results in death. That's Second Degree Murder. But if that same bar fight was started because of a sudden discovery of infidelity, it may be considered Voluntary Manslaughter.

EDIT: In this case, I don't think Zimmerman was necessarily emotionally compromised, which may be why he didn't receive the Voluntary Manslaughter charge.

Depends on the state, but you're right.

 

[casmith07]

Yep, if they are worth a damn and he's not stupid enough to think he can beat the rap.

Had they charged him with 1st degree, I would've went to trial all day every day, but the language and instructions on 2nd degree are going to be extremely tough to beat.

 

[iceberg]

Think you need to add voluntary and involuntary

what do voluntary mean???

 

[CowboyMike]

Depends on the state, but you're right.

True that. Not exactly sure what it would be in Florida, as I'm not very familiar with their laws. But from what I gather, the difference between states is more in the sentencing of each degree, not differences in the degrees of murder themselves, right?

 

[Tony33]

Good, it's about time.