Zimmerman charged with Second Degree Murder (user search)
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  Zimmerman charged with Second Degree Murder (search mode)
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Author Topic: Zimmerman charged with Second Degree Murder  (Read 4261 times)
J. J.
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Posts: 32,892
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« on: April 11, 2012, 06:23:04 PM »

A bit surprised...I'd thought they would've gone for Voluntary Manslaughter.

Thoughts?

They may accept a plea for that but charge high, accept lower?  Badger?  Thoughts?

Overcharging is common.

I saw a similar case where the DA (guess who) charge Murder 1, Murder 3, and Voluntary Manslaughter.  The first two were dismissed at the preliminary hearing.  He was found not guilty on the third.

Joe Amendola was his lawyer.  Wink
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J. J.
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Posts: 32,892
United States


« Reply #1 on: April 11, 2012, 07:12:39 PM »

Not guilty from the facts of the case, but he'll probably have crappy legal representation and of course a hostile jury so it's debatable.

I wouldn't be ready to say not guilty.  The forensic evidence will be telling.
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J. J.
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Posts: 32,892
United States


« Reply #2 on: April 11, 2012, 09:56:50 PM »

A bit surprised...I'd thought they would've gone for Voluntary Manslaughter.

Thoughts?

As to why not VM, it seemed too "deliberate" in the sense of a rather calm and measured approach to it all by the Z man, assuming there is no evidence of an "unexpected" physical altercation alleged by Zimmerman.

Some of his story might check out.  911 supposedly asked him for the address and claims he stopped to check the house number.

This one is going to be dependent on forensics, i.e. how far was Martin away from the gun, and what was the angle of the bullet?
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J. J.
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Posts: 32,892
United States


« Reply #3 on: April 11, 2012, 11:20:58 PM »

A bit surprised...I'd thought they would've gone for Voluntary Manslaughter.

Thoughts?

As to why not VM, it seemed too "deliberate" in the sense of a rather calm and measured approach to it all by the Z man, assuming there is no evidence of an "unexpected" physical altercation alleged by Zimmerman.

Go re-read the Florida statute, Torie.  By your post, it implies that you haven't.  Smiley

I didn't. Does it have a curve ball in it?

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0782/0782ContentsIndex.html&StatuteYear=2011&Title=-%3E2011-%3EChapter%20782

If Zimmerman is telling the truth, I think it would be justifiable under this statute:


782.02 Justifiable use of deadly force.—The use of deadly force is justifiable when a person is resisting any attempt to murder such person or to commit any felony upon him or her or upon or in any dwelling house in which such person shall be.


http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0782/Sections/0782.02.html
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