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Unless they have evidence we dont know about, second degree murder will be harder to convict than manslaughter
Listening to the special prosecutor's conference, who I was very impressed with, it sounded like she is charging him because she has enough to cross the minimal threshold of probable cause.
She also kept saying "if the case goes to jury". Lawyer speak maybe but it seemed to imply this case may not be a slam dunk.
I am so elated that zimmerman will now face the music. He killed that child in cold blood. He was smart to stay in hiding. People everywhere (except the ones that have no plans of living in heaven with minorities, of course) knows Trayvon Martin could have been their son or child. FRY zimmerman's a$$.
Sorry,but your blood lust won't be met here. There is no death penalty for 2nd degree murder in Florida.
To you, but then you aren't sitting on the dossier like the special prosecutor now are you?
But if you would like some food for thought;
what if the further audio evidence reveals that it was Martin pleading for help before Zimmerman fired? Premeditation doesn't require anything more than making a decision to use deadly force in a fraction of a section before you do.
what if the evidence in the prosecutors possession demonstrates that Martin was not shot in a position consistent with being on top of Zimmerman but rather two men standing opposing each other?
Now we can keep playing, Let's Speculate, unless you can argue from facts that their isn't evidence of premeditation, well just like the Zimmerman supporters have been arguing, let's way and see what the facts are.
From what we know, this is a case based on circumstantial evidence brought by a DA that was previously fired and recently charged a 12 year old as an adult.
Anyways, memories have a tendency to exaggerate events and sight is greatly diminished in the dark. The only person that knows what happens is Zimmerman and he should utilize the 5th Amendment if/when he is brought onto the stand. I don't know how they can prove his guilt.
From what we know, this is a case based on circumstantial evidence brought by a DA that was previously fired and recently charged a 12 year old as an adult.
Anyways, memories have a tendency to exaggerate events and sight is greatly diminished in the dark. The only person that knows what happens is Zimmerman and he should utilize the 5th Amendment if/when he is brought onto the stand. I don't know how they can prove his guilt.
This decision to arrest IMHO is politically motivated however I'm confident Zimmerman will get a fair hearing on the facts. It may be thrown out by the judge hearing the SYG defense.
In Orlando fl, what factors drop first degree charge down to second degree and what's maximum sentence for second if convicted?
Jeffrey David Boston , Criminal Defense Attorney in Rockledge, FL:
Basically speaking, 1st degree murder is murder that was planned, whereas 2nd degree murder is murder that was unplanned. One common factor, and sometimes the sole reason, for the prosecutor's office lessening the charge to 2nd degree murder is that it does not believe it can prove beyond a reasonable doubt that the murder was premeditated.
Being found guilty of 1st degree murder typically results in a sentence of death or life in prison. A 2nd degree murder conviction results in prison for years. How many depends on several factors, including the facts of the case, the defendant's criminal record, and the players present in the courtroom. There would not be a death or life imprisonment sentence.
Anybody know if this is accurate? Anything more to add?
BTW, what's the difference (in Florida) between "Manslaughter" and "Murder"?
At the news conference what I heard them say was w/ 2nd degree conviction possible sentencing is minimum 25 yrs, to maximum life. no parole possible for either.
Oh, I get it now. Whatever it takes to support Zimmerman. What will you have to say about the jury members? I really don't think that invoking Waco disproves the integrity of this particular murder investigation. When all is said and done, a jury will decide based on the evidence presented.
Given the administration running the FBI right now I don't see where they have any credibility. We have race baiting, gun smuggling AG Holder, Obama who thinks this gangsta wannabe with a backpack of stolen jewelry looks like a kid of his...yeah, lots of impartiality and credibility here....
There ya go.... "we" are not privy to what Angela Corey is privy to.
So can we wait for the trial?
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