ZIMMERMAN TRIAL: Day 7, Tuesday, July 2, 2013

[ChiciB1]

45. "Slippery Slope" (DU Poster) Just Posted This Info

at another thread. I have not researched this, I do live in Florida but have no legal background. But why would Sereno suggest manslaughter if Florida law states sentence is same? I certainly do hope he's correct. While I've heard legal eagle's say that following a person you think suspicious IS NOT illegal here in Florida, I myself have had a problem and feel GZ should have let authorities handle this situation. My reaction regarding how GZ handled this has been visceral, and I would probably feel the same way if TM was white/latino or any other race. His actions do give ME a creepy feeling, and if I met him under any circumstances, my intuition would tell me I'd rather not include him in my circle of friends.

This post is to explain some details of Florida sentencing laws, specifically the "10-20-Life" law, and how they relate to the Zimmerman trial.

Some people have expressed surprise that this case wasn't plea bargained down to a lesser offense (such as manslaughter), and others have expressed dismay that the prosecution might not be able to convict on second degree murder charges. Understanding the sentencing laws in this case could help provide clarity on these issues.

Slightly simplified; the Florida "10-20-Life" law requires that anybody convicted of a crime that involved shooting another person is going to face a prison sentence of 25 years to life. This sentence is automatic and there is no judicial discretion.

First point: Consider what this means with regards to a plea bargain. GZ was charged with second degree murder. The penalty for this crime is 25 years to life. If GZ had accepted a plea bargain down to manslaughter, he would still be facing 25 years to life. If GZ had accepted a plea bargain down to aggravated battery, he would still be facing 25 years to life. Any "reasonable" plea that could have been offered to GZ would have effectively had the same penalty so there is little incentive in this case to offer or accept a plea.

Second point: What verdict would be a "win" for the prosecution in this case? Although GZ has been charged only with second degree murder, the jury can choose to find him innocent on that charge but guilty on a lesser charge. Under Florida law, there are four possible charges in this case that the jury could convict GZ of:

* Second degree murder
* Manslaughter
* Aggravated Battery
* Battery

Being convicted of any of the first three charges will trigger the "10-20-Life" law. Being convicted of simple battery would not, however aggravated battery under Florida law means "battery with a deadly weapon". Since GZ clearly did use a deadly weapon, it is nearly inconceivable that a jury could find him guilty of simple battery.

Since any of the first three charges trigger the "10-20-Life" law, effectively any one of them is as good as the other for the prosecution. GZ will be facing 25 years to life if convicted of any.

Basically then, there are three outcomes that are a victory for the prosecution and only one that is a victory for GZ.