A question for those who feel that the correct verdict was rendered in the Zimmerman trial.

[zencycler]

179. Prosecution overcharged, and/or failed to add the correct lessor included ...

Let's assume for the moment that reasonable doubt exists with regard to the ill-will/evil-intent requirements on 2nd degree murder. In that case, consider the fact that the serious class of manslaughter which they gave the jury to consider did NOT include any culpability for Zimmerman's negligent actions, a fact for which the jury was specifically instructed. In other words, once the jury rules out 2nd Degree, they are left with deciding on a Manslaughter charge for which any actions leading up to the "first punch" (Zimmerman's negligent acts) become irrelevant, and reasonable doubt over whether or not Zimmerman acted in self defense is relevant.

That's a shame, because there are laws for which they could have charged Zimmerman which would specifically relate to his actions leading up to the encounter, and for which self-defense at the time of the shooting would not have been a defense. Namely, Negligent Homicide. In some instances, that is included in the Manslaughter charge, but not so in the case. Naturally, Negligent Homicide would not result in any serious jail time - I'm guessing maybe 5 years. This is the same crime you'd be charged with if you spoke on a cellphone while driving, and that led to an accident which caused someone's death. And in this case, it would specifically address the question of whether Zimmerman bad judgments leading up to the encounter caused this death to occur, by actions such as getting out of the car, following, failing to identify who he was at the first opportunity, etc.

I'm guessing the prosecution did not include this deliberately because they felt pressure to get a conviction on a more serious charge, and they may have hoped that keeping this off the list would have forced a conviction on the serious form of manslaughter which they requested to be added. But whatever their motivations for not including this, I think in hindsight, it was a mistake. And now that Zimmerman has been to trial for the more serious charges, I do not believe they can go back an re-indict him for this.