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TheWraith

(24,331 posts)
42. Manslaughter has several levels as well.
Wed Apr 11, 2012, 04:59 PM
Apr 2012

Manslaughter itself is the highest, after which you have negligent and involuntary manslaughter. These lower levels are what covers unintentional deaths arising from negligence instead of malice: for instance, someone runs a red light and accidentally kills a pedestrian. Standard manslaughter charges are more serious, and accordingly reflect a higher degree of responsibility.

The scenario I described, which is basically the one that Zimmerman claimed to the police as what happened, is one where the person doing the killing would have been acting appropriately in self defense if they had not initiated the encounter. Instead of direct responsibility, they bear indirect responsibility, for creating the situation where the confrontation happened. As opposed to something like our theoretical driver, who bears not indirect, but negligent responsibility.

In any event, it just came across that they're charging him with murder in the second.

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Thanks for the info. Smilo Apr 2012 #1
I read that he can't be charged with murder in Florida, because only a grand jury can do that. pnwmom Apr 2012 #2
Not quite. First degree murder cases require grand juries in FL. TheWraith Apr 2012 #4
That makes sense -- there was no evidence of premeditation. n/t pnwmom Apr 2012 #5
Just my opinion, but I do think there was premeditation notadmblnd Apr 2012 #38
Really? Recursion Apr 2012 #47
Yes, I do. notadmblnd Apr 2012 #53
Apparently there is malice though. n/t vaberella Apr 2012 #45
With these definitions in mind, I'm not sure how they could PROVE that he gateley Apr 2012 #9
A lot depends on the evidence that we haven't seen. TheWraith Apr 2012 #15
And he was found on his stomach, I understand, and there is a possibility pnwmom Apr 2012 #17
If the entry wound were in the back lacrew Apr 2012 #36
It was something I heard that the mortician had said, I believe. pnwmom Apr 2012 #46
I going to go out on a limb here lacrew Apr 2012 #48
That's not exactly surprising to me. TheWraith Apr 2012 #51
Yes, if he was found guilty of manslaughter and sentenced to real prison time, I would be relieved. pnwmom Apr 2012 #16
Thanks for the education! gateley Apr 2012 #3
Nope. Florida self defense law has very specific rules about aggressors. TheWraith Apr 2012 #7
Good! I've heard some pretty jaw-dropping stories of people getting off because of that law -- gateley Apr 2012 #10
But I thought this was exactly why the SYG law is so controversial--- CenPhx Apr 2012 #29
Ok, you've cited the statute for where the shooter is the initial aggressor... CenPhx Apr 2012 #34
Correct, it only applies to a person who is NOT the aggressor. TheWraith Apr 2012 #44
We'll take this one chunk at a time. TheWraith Apr 2012 #35
Manslaughter peace frog Apr 2012 #6
Thanks for posting n/t emulatorloo Apr 2012 #8
very helpful information Bluerthanblue Apr 2012 #11
Great post. Thanks. Baitball Blogger Apr 2012 #12
Very interesting. Thanks. nt Sarah Ibarruri Apr 2012 #13
Use of a firearm during a crime ups the ante... Sancho Apr 2012 #14
Yes, though that applies only for felonies. TheWraith Apr 2012 #18
It should be second degree murder anti-alec Apr 2012 #54
I didn't realize killing had such a limited punishment, a likely 10 to 15 years is all for Dragonfli Apr 2012 #19
The criminal justice system is always dependent on what can be proved. TheWraith Apr 2012 #20
K & R! nt riderinthestorm Apr 2012 #21
A former coworker... meeksgeek Apr 2012 #22
I think that is a travesty of justice. Atypical Liberal Apr 2012 #26
He can not be charged with murder in the first obxhead Apr 2012 #23
If its true that Trayvon was scteaming for help Solomon Apr 2012 #24
Told you. Solomon Apr 2012 #40
Third or manslaughter nadinbrzezinski Apr 2012 #25
I'm not sure I agree with your hypothetical example of the... SamG Apr 2012 #27
Plus, 2nd degree gives teh chance for a plea deal. Go high, plea down. nt DevonRex Apr 2012 #32
Manslaughter has several levels as well. TheWraith Apr 2012 #42
Nice work. rrneck Apr 2012 #28
Was George Zimmerman in his car/truck when he spoke to 911? riverbendviewgal Apr 2012 #30
As I understand it, he was already out of his vehicle when he was told that. TheWraith Apr 2012 #37
murder in the 2nd DevonRex Apr 2012 #31
Book'em danno usrname Apr 2012 #33
Thank-you. My first reaction was to ask that question and here you answered it. robinlynne Apr 2012 #39
manslaughter still ruins your life. Ask any of the EMT or emergency vehicle drivers pasto76 Apr 2012 #41
I highly recommend the OP. onenote Apr 2012 #43
Murder statute of the state of Florida with link steve2470 Apr 2012 #49
SP said on camera, it'd be Second Degree Murder. The video was one of those posted here yesterday. freshwest Apr 2012 #50
Thanks and I read for Murder 2 there has to be malicious intent. n/t vaberella Apr 2012 #52
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