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Voice for Peace

(13,141 posts)
Wed Jun 26, 2013, 04:50 PM Jun 2013

Murder with a Depraved Mind

The basis of the Zimmerman charge for Second-Degree 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.


I would think manslaughter would be much easier
to prove, this seems risky. I confess to being a non-legal expert
and welcome input from you wonderful people who understand
this stuff.

Following the trial as much as I can... the jury may convict
Zimmerman simply because his lawyers are so boring and
obnoxious...

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Murder with a Depraved Mind (Original Post) Voice for Peace Jun 2013 OP
I believe the jury can still convict him of manslaughter if I'm not mistaken. n/t Cali_Democrat Jun 2013 #1
I hope you're correct. But I do personally believe in "a concession to human weakness." Law must be Voice for Peace Jun 2013 #2
 

Voice for Peace

(13,141 posts)
2. I hope you're correct. But I do personally believe in "a concession to human weakness." Law must be
Wed Jun 26, 2013, 05:05 PM
Jun 2013

fair but not without compassion.

Although I don't see Zimmerman as innocent,
there may never have been any intent to kill, which
I think makes it more like manslaughter.

stupidity, prejudices, disregard for common sense,
intense fear + careless use of loaded gun.



Voluntary manslaughter. This is often called a "heat of passion" crime. Voluntary manslaughter arises when a person is suddenly provoked (in circumstances which are likely to provoke many reasonable people) and kills in the heat of passion aroused by that provocation. That the killing is not considered first or second degree murder is a concession to human weakness. Killers who act in the heat of passion may kill intentionally, but the emotional context prevents them from having the ability to fully control their behavior. As a result, the heat of passion reduces their moral blameworthiness.

The common example of voluntary manslaughter involves a husband who comes home unexpectedly to find his wife committing adultery. If the husband is provoked into such a heat of passion that he kills the paramour right then and there, a judge or jury might very well consider the killing to be voluntary manslaughter.

Involuntary manslaughter. A killing can be involuntary manslaughter when a person's reckless disregard of a substantial risk results in another's death. Because involuntary manslaughter involves carelessness and not purposeful killing, it is a less serious crime than murder or voluntary manslaughter. The subtleties between the degrees of murder and manslaughter reach their peak with involuntary manslaughter.

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