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Reply #22


Response to mactime (Reply #3)

Mon Apr 9, 2012, 01:27 PM

22. It means that it is probably not a capital murder case

It doesn't mean either that Zimmerman will or will not be charged - under Florida law, as the article states, only crimes that can carry the death penalty must be prosecuted by indictment. All other charges can be prosecuted simply by "information", which is the result of investigations. The prosecutor then charges the defendant with specific acts that violated specific statutes. Try this:
http://www.joffelaw.com/state-rules/3-140.html

Since Cory states that the investigation is still continuing, it could even be true that a capital charge could be laid before a future grand jury, although that's probably not going to happen. Generally homicide during a physical confrontation is prosecuted as manslaughter or the state equivalent.
http://legal-dictionary.thefreedictionary.com/manslaughter

Corey is known as a tough prosecutor, according to this article:
http://www.csmonitor.com/USA/Latest-News-Wires/2012/0331/Prosecutor-in-Trayvon-Martin-case-known-as-tough

You would expect a very thorough investigation and proper preparation before charges were brought. The laundry-list charging method can backfire before a grand jury, because a grand jury may refuse to indict on some of the charges that seem tangential.



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