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  1. #31  
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    Quote Originally Posted by Bailey View Post
    I could be totally wrong about this but shouldn't they have gone after manslaughter? 2nd degree murder seems harder to prove.
    The charge seems odd- even if you maintain that he couldn't have thought he was in peril, it wouldn't even approach Second Degree Murder under Florida Law.

    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.

    The primary distinction between Premeditated First Degree Murder and Second Degree Murder with a Depraved Mind is that First Degree Murder requires a specific and premeditated intent to kill.

    Accomplice Felony Murder
    Accomplice Felony Second Degree Murder occurs when you are an accomplice to a person who kills another human being while engaged in the commission, or attempted commission, of the following statutorily enumerated felonies, regardless of whether they intended the death:

    Aggravated abuse of an elderly person or disabled adult,
    Aggravated child abuse,
    Aggravated stalking,
    Aircraft piracy,
    Arson,
    Burglary
    Carjacking,
    Distribution of Controlled Substances
    Escape,
    Home-invasion robbery,
    Kidnapping,
    Murder of another human being,
    Resisting Officer with Violence,
    Robbery,
    Sexual battery,
    Terrorism,
    Trafficking in Controlled Substances, or
    Unlawful throwing, placing, or discharging of a destructive device or bomb.
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  2. #32  
    Senior Member Bailey's Avatar
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    Quote Originally Posted by Novaheart View Post
    The charge seems odd- even if you maintain that he couldn't have thought he was in peril, it wouldn't even approach Second Degree Murder under Florida Law.

    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.

    The primary distinction between Premeditated First Degree Murder and Second Degree Murder with a Depraved Mind is that First Degree Murder requires a specific and premeditated intent to kill.

    Accomplice Felony Murder
    Accomplice Felony Second Degree Murder occurs when you are an accomplice to a person who kills another human being while engaged in the commission, or attempted commission, of the following statutorily enumerated felonies, regardless of whether they intended the death:

    Aggravated abuse of an elderly person or disabled adult,
    Aggravated child abuse,
    Aggravated stalking,
    Aircraft piracy,
    Arson,
    Burglary
    Carjacking,
    Distribution of Controlled Substances
    Escape,
    Home-invasion robbery,
    Kidnapping,
    Murder of another human being,
    Resisting Officer with Violence,
    Robbery,
    Sexual battery,
    Terrorism,
    Trafficking in Controlled Substances, or
    Unlawful throwing, placing, or discharging of a destructive device or bomb.

    This could be a total shot in the dark but it seems they want to be seen doing something and 2nd murder is pretty hard to prove. I think either they are trying to get him to cop to a lower charge or if the case goes to hell and he gets off they can at least point to the fact that they charged him.
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  3. #33  
    LTC Member Odysseus's Avatar
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    Quote Originally Posted by Rockntractor View Post
    I have absolutely no confidence in our justice system any longer. He was tried and convicted by the mob and the media.
    The trial is a formality.
    As I said before, he have no business asking others to accept the system is we are not willing to abide by it ourselves. Just as Zimmerman has a presumption of innocence, the system must have a presumption of justice. Otherwise the race hustlers are right, and the whole thing is a sham that simply perpetuates the power of those who are in charge.
    --Odysseus
    Sic Hacer Pace, Para Bellum.

    Before you can do things for people, you must be the kind of man who can get things done. But to get things done, you must love the doing, not the people!
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  4. #34  
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    This caught my attention.

    There's a "high likelihood it could be dismissed by the judge even before the jury gets to hear the case," Florida defense attorney Richard Hornsby said.

    http://www.cbsnews.com/8301-201_162-...rt-appearance/
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  5. #35  
    PORCUS MAXIMUS Rockntractor's Avatar
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    Quote Originally Posted by Odysseus View Post
    As I said before, he have no business asking others to accept the system is we are not willing to abide by it ourselves. Just as Zimmerman has a presumption of innocence, the system must have a presumption of justice. Otherwise the race hustlers are right, and the whole thing is a sham that simply perpetuates the power of those who are in charge.
    Normally when one prosecuting attorney decides not to press charges they don't replace them until they get the desired result. if this charge doesn't stick and the feds jump in to charge him with something else than we will know if we still have a justice system
    .
    The difference between pigs and people is that when they tell you you're cured it isn't a good thing.
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  6. #36  
    PORCUS MAXIMUS Rockntractor's Avatar
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    Quote Originally Posted by Odysseus View Post
    As I said before, he have no business asking others to accept the system is we are not willing to abide by it ourselves. Just as Zimmerman has a presumption of innocence, the system must have a presumption of justice. Otherwise the race hustlers are right, and the whole thing is a sham that simply perpetuates the power of those who are in charge.
    I know what you're saying Ody but I'm kind of with Adam on this one, this train is already off the tracks.
    The difference between pigs and people is that when they tell you you're cured it isn't a good thing.
    http://i.imgur.com/FHvkMSE.jpg
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  7. #37  
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  8. #38  
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    Quote Originally Posted by RedGrouse View Post
    This caught my attention.

    There's a "high likelihood it could be dismissed by the judge even before the jury gets to hear the case," Florida defense attorney Richard Hornsby said.

    http://www.cbsnews.com/8301-201_162-...rt-appearance/
    I agree! This case is flimsy as wet pasta....

    John R.Lott Jr. at NRO.

    The charges brought against George Zimmerman sure look like prosecutorial misconduct. The case as put forward by the prosecutor in the “affidavit of probable cause” is startlingly weak. As a former chief economist at the U.S. Sentencing Commission, I have read a number of such affidavits, and cannot recall one lacking so much relevant information. The prosecutor has most likely deliberately overcharged, hoping to intimidate Zimmerman into agreeing to a plea bargain. If this case goes to trial, Zimmerman will almost definitely be found “not guilty” on the charge of second-degree murder.

    The prosecutor wasn’t required to go to the grand jury for the indictment, but the fact that she didn’t in such a high-profile case is troubling. Everyone knows how easy it is for a prosecutor to get a grand jury to indict, because only the prosecutor presents evidence. A grand-jury indictment would have provided political cover; that charges were brought without one means that the prosecutor was worried that a grand jury would not give her the indictment.

    .....
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