The Zimmerman Trial: The Scream

[JDPriestly]

110. The prosecution has to prove murder 2 in this case.

That is a big hurdle.

But maybe the prosecution will succeed. Have the forensic and pathology reports been introduced yet?

They may decide the case.

I was surprised by the second degree murder charge. There is almost no doubt in my mind that Zimmerman committed manslaughter, but it may be hard to convict on second degree murder under these facts.

Here is what one law firm says about what must be proved to obtain a conviction on second degree murder:

Second degree murder cases often involve a death that allegedly occurred because of a heat of passion or act that was so dangerous is warrants a criminal action be brought against the Defendant. The classic example is the spouse who finds their partner having an affair with another person and immediately acts to kill either the partner or the partner's lover. In order to convict a defendant in Florida of Second-degree murder, the State of Florida must prove the following three elements beyond a reasonable doubt:

The victim is dead;
The death was caused by the criminal act of the defendant;
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.

Understanding a second degree murder can be more confusing than the more serious first degree murder. The "criminal act" reference in the statute must be a single event or series of related actions arising from and performed pursuant to a single design or purpose of committing the murder or creating the dangerous condition that led to the death. Although second-degree murder can carry a potential incarceration of up to life in prison, the death penalty cannot be imposed on a person found guilty of second-degree murder.

more at
http://www.arnoldlawfirmllc.com/CM/Custom/SecondDegreeMurder.asp

(I don't know anything about the law firm.)

Manslaughter is the unlawful killing of a human being without malice aforethought. Manslaughter may be voluntary or involuntary. Essentially, the difference between manslaughter and murder is that manslaughter was the result of an accident, heat of passion, or some other act in which the person does not have the mental state to commit a murder.

. . . .

Voluntary Manslaughter occurs when a person kills another in the heat of passion, without planning beforehand. The classical example is when a person finds their spouse having sex with another person and reacts immediately by killing.

Involuntary Manslaughter, also known as criminally negligent homicide, occurs when a death is an indirect result of recklessness or negligence. This occurs when a person runs a red light and hits another vehicle and a person is killed.

http://www.arnoldlawfirmllc.com/CM/Custom/Manslaughter.asp

But then for the homicide to be excused the defense burden is also very high:

Florida Statutes 782.03 - Excusable homicide
Florida Statutes > Title XLVI > Chapter 782 > § 782.03 - Excusable homicide

Current as of: 2011
. . . .

Homicide is excusable when committed by accident and misfortune in doing any lawful act by lawful means with usual ordinary caution, and without any unlawful intent, or by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat, without any dangerous weapon being used and not done in a cruel or unusual manner.

s. 6, ch. 1637, 1868; RS 2379; GS 3204; RGS 5034; CGL 71

http://www.lawserver.com/law/state/florida/statutes/florida_statutes_782-03

Of course, Zimmerman used a dangerous weapon.

Apparently, it is not necessary to prove intent in order to get a second degree murder conviction in Florida???