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Response to demwing (Reply #8)

Sat Jun 29, 2013, 10:37 PM

16. jury instructions on 782.04(2) ...

7.4 MURDER—SECOND DEGREE
§ 782.04(2), Fla.Stat.

To prove the crime of Second Degree Murder, the State must prove the following three elements beyond a reasonable doubt:
1. (Victim) is dead.
2. The death was caused by the criminal act of (defendant).
3. There was an unlawful killing of (victim) by an act imminently dangerous to another and demonstrating a depraved mind without regard for human life.

Definitions.
An “act” includes a series of related actions arising from and performed pursuant to a single design or purpose.

An act is “imminently dangerous to another and demonstrating a depraved mind” if it is an act or series of acts that:
1. a person of ordinary judgment would know is reasonably certain to kill or do serious bodily injury to another, and
2. is done from ill will, hatred, spite, or an evil intent, and
3. is of such a nature that the act itself indicates an indifference to human life.

In order to convict of Second Degree Murder, it is not necessary for the State to prove the defendant had an intent to cause death.

(From FL SCt website: http://www.floridasupremecourt.org/jury_instructions/instructions.shtml#)

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demwing Jun 2013 OP
longship Jun 2013 #1
COLGATE4 Jun 2013 #2
longship Jun 2013 #3
dkf Jun 2013 #4
NaturalHigh Jun 2013 #6
demwing Jun 2013 #8
NaturalHigh Jun 2013 #9
DirkGently Jun 2013 #11
demwing Jun 2013 #15
demwing Jun 2013 #13
NaturalHigh Jun 2013 #14
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ctaylors6 Jun 2013 #16
demwing Jun 2013 #18
COLGATE4 Jun 2013 #19
cherokeeprogressive Jun 2013 #21
COLGATE4 Jun 2013 #22
NaturalHigh Jun 2013 #5
demwing Jun 2013 #7
DirkGently Jun 2013 #10
demwing Jun 2013 #17
ctaylors6 Jun 2013 #12
dkf Jun 2013 #20
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