2nd Degree Murder. Its not on the news wires yet, but I’m listening to the Press Conference live.
I look forward to hear the evidence presented. I don’t look forward to the show trial.
**UPDATE** Story here
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I think there must be something in the water in Florida.
This is going to be as big a media circus as the Casey Anthony trial was.
Only this time, we get the added bonus of possible race riots!
Possible? I *guarantee* you there will be riots.
The possible occasions for riots:
o celebratory riots after his murder
o celebratory riots after he’s railroaded
o angry riots after the case is thrown out as an obvious case of self defense
o angry riots after a jury acquits him
And let us not forget the “Kill whitey just because s/he’s white” riots.
This is to appease the mob mentality.
It’s a thinly-veiled attempt to cater to the mob.
But looook! Down at the bottom in the recommended stories: a real “Gun Death”!
I doubt the trial will be before the election. So what will be done to keep this subject hot? Will every SD shooting be fisked for racial overtones?
I have to wonder about the families in Florida of the other people who have been shot while committing a felony. Are they going to demand another chance to punish the innocent?
I was very surprised by the second degree charge. That would mean Zimmerman intended to commit a crime when he went into the situation. I find this highly unlikely!
I am not surprised by him getting charged, only with the crime he was charged with.
Unfortunately I see another LA Riot thing happening as well if he gets off. This is a no win situation for anyone.
If I’m correct Murder 2 is not per-meditated, but intentional killing. So essentially the story will be that Zimmerman indeed was out to get his gallon of milk, but decided killing Trayvon was too good to pass up. Or the fact that Trayvon spoke to him impolitely was a good-enough reason to kill him.
As I understand it Murder 1 is killing in “Cold Blood”. Lee Oswald shooting Kennedy, or Jack Ruby shooting Oswald. They all thought it through, planned it, and carried it out. Murder 2 is “Hot Blooded Murder”. The street thug that slits somebody’s throat because they “Disrespected them”, and killed them in a rage, or the guy who kills his wife and her lover when he comes home to find four feet in his bed, is Murder 2.
2nd degree is non premeditated, but intentional, and not committed in reasonable heat of passion (like if you found your wife in bed with another man). I’m not familiar with FL law, but 2nd degree is usually a step up from manslaughter. 2nd degree usually requires that the DA prove a state of mind of malice.
Manslaughter doesn’t require proof that the actor intended to kill or proof that he created the situation.
I find it interesting that the prosecutor went with 2nd. It’s harder to prove than manslaughter. Either she thinks that Z created the situation, or she was under political pressure to bring a case to court. A judge can still dismiss the charges against Z if he believes that the state lacks evidence or if Z acted in self defense.
Florida statute says:
The unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual, is murder in the second degree and constitutes a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084.
So I guess they are saying that his following Martin was a dangerous act and showed a depraved mind!
I am a couple of years out of law school and I do not practice anyway but I seem to remember that the judge at trial, should it get there, can give the jury the chance to convict on lesser charges, or so I think…….
It would seem to me a violation of lawyer ethics (something believe it or not, many of us take seriously, go ahead and laugh but many lawyers are truly good people) to bring charges that have no chance of being proven. So, without all the evidence it might be a strong case…but as the guy above this post said, I don’t know Florida law either.
Or she’s opening the door for a case that should have never been brought up in the first place to be thrown out. Time will tell.
Agree with SGB… If it had gone to the Grand Jury, it would have been dropped based on everything I’ve seen.
I wonder to what extent they just said we need to charge him with something to not have riots on our hands, rather than because they think he is guilty.
It’s a dangerous game, but maybe it was the right thing to do sociologically, though certainly not ethically.
It’s better for one murderer to not be charged than for trials to happen on cases where there is obvious reasonable doubt, but good luck teaching that in schools.
There’s a part of me that actually wants riots, not because I want anyone to get hurt, but because I’m enough of an idealist to still believe that if such a thing happens then maybe Jackson, Sharpton, or the NBPP can be charged for inciting violence.
I know, it’s fantasy. Still, I can dream…
I just figure it’s inevitable at this point.
I agree. There was too much media noise to just take Sanford PD’s word that there were no grounds to charge him. Now the big question is, does the Judge throw the case out, which I also think, while likely the wise choice, not the most politically sound on at the moment.
this isn’t Jackson and Sharpton’s first Rodeo. They are INTENTIONALLY inciting a riot because they know it makes them sound more relevant and daring to be such firebrands, but also because they’ve never been charged with the deaths they’ve caused in the past, so they know they have Carte Blanche to kill again.
Also said previous riots and deaths have generally been death and despair to fellow blacks at the hands of other blacks. So I doubt the people on either end of the riots will wise up this time either.
Pingback: What is second degree murder in Florida, anyway?* | Pithy Title Goes Here
George Zimmerman could be any one of us. I just donated to him. I found his legit website via Clayton Cramer: http://claytonecramer.blogspot.com/2012/04/george-zimmermans-web-page.html
I was really hoping to see what the grand jury would come up with. I thought that would be the best chance we would have of getting out of this without too much violence. Oh well, the Special Prosecutor decided that 2nd degree murder was the case they wanted to try to prove.
Why does it feel like it’s a political decision rather than one based upon the evidence.
s
There is no way this will end without SOME violence.
Sadly the BEST scenarios I can think up are celebratory riots (which don’t often end in death and severe personal injury as angry riots) if Zimmerman is given life in prison, or is murdered in captivity.
If Zimmerman gets a light sentence, or is acquitted, I think angry riots by ignorant racists will happened as a reaction to perceived injustice.
Why does it feel like a political decision?
Maybe because the affidavit supporting the arrest reads like it was written by a dailyKos diarist?
Well we’ll only know when (and if) the full investigation is made public, such as the Crime Scene investigation, Zimmerman’s medical reports, The interviews conducted with Zimmerman, and Martin’s juvenile records (if he has any) as well as his autopsy report.
Still unless Sanford PD was utterly incompetent in their investigation (of which I have heard no serious accusations of), I suspect they had good reason for not charging Zimmerman with a crime that night or in the subsequent weeks.
The special prosecutor as well as the federal involvement was 100% political, so unless there is a HUGE detail I’m missing the Affidavit is also a political stunt.