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No they don't. A presecutor or a grand jury can indict on whatever they think the evidence will bring. It is up to a judge and/or jury to decide what sticks and what doesn't. Federal prosecutors are notorius for over charging defendants. They do it all the time. You do a single crime- like taking a bribe- and they charge you with not only the crime but racketeering, conspiracy, engaging in a criminal enterprise, wire fraud, mail fraud, tax evasion and all kinds of stuff that, while not as sexy as the main crime you did, carries alot of teeth when it comes to how much time you will get. You might get a jury that says "OK he didn't really know that money was a bribe but he did use a phone and he didn't pay all the taxes on it". So they find him innocent of the main charge but guilty of tax evasion and mail fraud which carry 20 year prison terms.
It is unethical the American Bar has strong guidelines against it but does not prohibit it. You also run the risk of violating the defendant's 5th and 14th amendment rights.
At trial, however, the question of self-defense can be brought up again and possibly will, said Robert Weisberg, a criminal law expert at Stanford Law School. That could lead to a fallback position for the jury — if allowed by the judge — of a lesser verdict of manslaughter should the jury decide that Mr. Zimmerman sincerely but unreasonably believed that he was appropriately using lethal force to defend himself, which is known as “imperfect self-defense.”
I think at least manslaughter is a charge that should be look at in this case. Manslaughter is not the intend to kill or murder. That is exactly what this case shows. But manslaughter can still get you 30 years in prison in Flordia.
Manslaughter is usually broken down into two distinct categories: voluntary manslaughter and involuntary manslaughter. In states such as Florida, manslaughter is not broken down this way. In Florida, manslaughter, defined as: 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 . . . is a second degree felony punishable by up to 15 years in state prison regardless of whether the act may have been intentional or not.[2] If manslaughter is committed upon a child via culpable negligence under FL statute 827.03(3), then the crime is aggravated manslaughter of a child which is a first degree felony punishable by up to 30 years in state prison.[3] The penalty is the same if it is committed upon the elderly or disabled. Also, under the 10-20-Life system, if a firearm is used in any way then the penalty will be raised to the next degree.[4]
Usually, self defense is an affirmative defense, meaning that if there is probable cause to believe someone has committed manslaughter, that person will be arrested and only later will have the opportunity to argue self defense at trial. However, in Florida, a person may not be arrested for using force unless there is probable cause that the force that was used was unlawful.[5] Thus, there can be no arrest unless and until there is probable cause to believe a person otherwise guilty of manslaughter did not act in self defense.
What a way to screw things up and guarantee the case gets thrown out before it even goes to court...
He said it is quite possible Zimmerman was guilty of a lesser charge, but the affidavit does not support a second-degree murder charge.
This is a political dog and pony show.
This appears to be self defense.
Going to be intersting, can't see a fair trial when even the President backs up Trayvon regarding his looks and being a certain race.
President LOVES to divide us by class and race. That will be his legacy IMO.
This is a political dog and pony show.
This appears to be self defense.
Going to be intersting, can't see a fair trial when even the President backs up Trayvon regarding his looks and being a certain race.
President LOVES to divide us by class and race. That will be his legacy IMO.
The President has NOTHING whatsoever to do with this case.
Attorneys and judges ask prospective jurors questions FOR A REASON..(during the jury selection process)...among those reasons is to find out whether or not a possible juror has been influenced by information put out by the media. That would include anything the President had to say about this case.
Ummm...in my state, they always overcharge; even if there's a very very slight chance that the crime occurred. Had this shooting taken place in my state, Zimmerman would have been charged with the following:
*1st degree murder (there is no bail for this charge in my state and it requires very little premeditation...as little as 5-10 seconds)
*3rd degree murder (2nd degree murder in my state is felony murder)
*voluntary manslaughter
*involuntary manslaughter
*reckless endangerment
*possession of an instrument of crime (this gets charged even if the weapon was a legal weapon)
What I listed above is standard for virtually every homicide case that involves a weapon, although prosecutors sometimes just file a "general murder" count that covers all degrees of homicide crimes. Upon the charges being filed, the prosecution and defense attorney will begin the litigation process, and after a year or so (assuming the case isn't dropped), the case will either go to trial, or the defendant will plead guilty to one of 3rd degree murder/vol. manslaughter/invol. manslaughter along with possession of an instrument of crime, and in exchange, the 1st degree murder charge and other smaller charges are dropped. In fact, even for a basic fist fight that resulted in any kind of injury (even a bloody nose), they'll usually charge aggravated assault (which is punishable up to 20 years in my state) along with simple assault, reckless endangerment, etc.
Last edited by midatlantic12; 04-28-2012 at 06:54 PM..
I'm telling you wisely....you're out on a weak limb.
Reuters and all news media are tools of the devil.
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