Special Prosecutor Angela Corey said at a news conference. "I can tell you we did not come to this decision lightly," Corey said in remarks broadcast live on TV and online. "We do not prosecute by public pressure or by petition. We prosecute based on the facts in any given case, as well as the laws of the state of Florida." So what is second degree murder? Florida's jury instructions (which are based on the Florida statute) spell out three elements that prosecutors must prove to establish second degree murder beyond a reasonable doubt: 1) The victim is deceased, 2) The victim's death was caused by the defendant's criminal act, and 3) There was an unlawful killing of the victim "by an act imminently dangerous to another and demonstrating a depraved mind without regard for human life." The last element -- an "imminently dangerous" act that shows a "depraved mind" -- is further defined by Florida's jury instructions. Three elements must be present: A "person of ordinary judgment" would know the act, or series of acts, "is reasonably certain to kill or do serious bodily injury to another"; The act is "done from ill will, hatred, spite, or an evil intent"; and The act is "of such a nature that the act itself indicates an indifference to human life." Note that prosecutors do not have to prove the defendant intended to cause death, Florida's jury instructions state. Compare that to a charge of first degree murder, which generally involves premeditation. Premeditation would mean the culprit planned and intentionally carried out the killing. (In Florida, only a grand jury can bring a first degree murder charge, according to prosecutors. Corey decided not to use a grand jury in Zimmerman's case.)
Second-degree murder is ordinarily defined as 1) an intentional killing that is not premeditated or planned, nor committed in a reasonable "heat of passion" or 2) a killing caused by dangerous conduct and the offender's obvious lack of concern for human life.
My prediction: The charge gets downgraded to Manslaughter 1st. Zimmerman was not acting with a clear intent to kill. He was just acting stupidly and due to his lack of training lost control of a situation which led to Trayvon's death. Most neighborhood watches are sanctioned under the supervision of the local police. If such is the case, he gets 3-5 for manslaughter and the police get sued for millions.
I agree 100%. I've drawn that very conclusion due to the evidence being lost, destroyed or not properly gather and maintained. If he goes to prison he'll be subject to prison or jail rules. Inmate jumps to death from jail balcony An officer was escorting 31-year-old Travis Fryer back to his cell from court. Police say Fryer, who was in handcuffs and shackles while he was being escorted, bolted for a flight of stairs when the officer unshackled him. Fryer then threw himself off the second tier of the pre-trial detention facility head-first. He was taken to a hospital where he was pronounced dead. Police say Fryer was considered a suicide risk, and up until today had been living in high-security quarters. The officer who was escorting Fryer has been interviewed, and as of Thursday it was determined that his actions were within protocol, and at this time no charges will be brought. Fryer was booked into the jail on September 27th on a charge of aggravated assault with a deadly weapon without intent to kill. Cold case is investigating the incident. Harsh reality of prison life.
So Amateur, if you believe Zimmerman should be subject to prison rules, and potentially killed in prison for a crime you perceive as horrendous then I ask you this....Should black men convicted of 1st and 2nd degree murders be subject to "prison" rules for their ruthless killings?
Corey's statement will be used against her.... "Sweet parents," and "Justice for Trayvon," and this case will be thrown out once the evidence is gathered as it was an act of self-defense. NBC will end up paying Zimmerman MILLION$$$ for their character assassination attempts on him, and he'll probably have to find a new community to live in, despite the incident being a case of self defense. Trayvon Martin is being martyrized for the sake of increasing racial tensions, rather than explained as he was, a kid with some issues who made a bad choice or a few bad choices, and died as a result...
Seems to be a whole lot of people with inside information. Passing judgment on this guy and you don't know the facts or evidence anymore than I. Example, I just heard today that the kid was wrestling for the gun. We don't know. Don't rush to judge, wait for the evidence to materialize.
