Why isn't this murder?

[Wezil]

Will your main consideration on the jury be the racial makeup of it?

Absolutely. A high profile case centered on race? We've seen this movie before.

[Al B. Sure!]

Mother says it was 'an accident':

Trayvon Martin's mom Sybrina Fulton said in an interview on the "Today" show Thursday that she believes it was "an accident" that George Zimmerman shot and killed her son in Sanford, Fla., on Feb. 26.

"I believe it was an accident," Fulton said. "I believe that it just got out of control, and he couldn't turn the clock back. I would ask him, did he know that that was a minor, that that was a teenager and that he did not have a weapon? I would ask him that I understand that his family is hurting, but think about our family that lost our teenage son. I mean, it's just very difficult to live with day in and day out. I'm sure his parents can pick up the phone and call him, but we can't pick up the phone and call Trayvon anymore."

Did she just shoot the prosecutor's case in the foot? Second degree murder charge for 'an accident'?

[rah]

Ok, how many non minorities on the jury will it take before you predict an Acquittal?

[Wezil]

Over half.

[Jon Miller]

Mother says it was 'an accident':



Did she just shoot the prosecutor's case in the foot? Second degree murder charge for 'an accident'?

How is her opinions relevant? She wasn't there.

If she was saying 'I think that Trayvon was a bad kid and could definitely see him attacking someone', then I might agree.

JM

[The Mad Monk]

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.

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0782/Sections/0782.04.html

First on Google for florida murder 2. Must be popular.

[rah]

But what can be proved? The dead kid won't be testifying.

I'll predict that he doesn't get convicted of the charge. It will be very difficult to prove. Or it could be be ruled a valid stand your ground and never go to court. Or it could be pleaded out to manslaughter.

Any other predictions at this point.

[The Mad Monk]

I am wondering about the legal definition of "a depraved mind".

[rah]

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.

[Jon Miller]

But what can be proved? The dead kid won't be testifying.

I'll predict that he doesn't get convicted of the charge. It will be very difficult to prove. Or it could be be ruled a valid stand your ground and never go to court. Or it could be pleaded out to manslaughter.

Any other predictions at this point.

I would expect conviction without the 'stand your ground' rule. But I am maybe naive.

Otherwise murderers in lonely places can just say 'it was self defense', and who is to say no?

JM

[regexcellent]

I don't think stand your ground is going to wind up being particularly relevant to this case. In any case in self-defense the burden of proof is on the defendant.

[rah]

If he had ANY wounds, it will be difficult to disprove any story he tells.
I personally think he's probably guilty but I don't think they can make the 2nd degree murder stick.

But that's the point of my challenge.

Predict now and gloat later.

[regexcellent]

If he had ANY wounds, it will be difficult to disprove any story he tells.
I personally think he's probably guilty but I don't think they can make the 2nd degree murder stick.

But that's the point of my challenge.

Predict now and gloat later.

The thing is, I'm pretty sure that with self defense, the burden of proof is on the defendant. That means Zimmerman has to prove his case, not the prosecution, if he uses that defense. I think this is true even with "Stand your Ground."

Would a lawyer please confirm/deny?

[rah]

Defensive wounds would be considered proof. (without anyone to dispute it)
And think about it from a jury's perspective. (without any previous knowledge of this case) If a defendant had a bruise on the back of his head, how could you not assume self defense.

[Aeson]

Voice analysis of the cries for help in the 911 call. If it can be shown conclusively one way or the other it will decide the case.