General Discussion

gejohnston

(17,502 posts)

99. here is the actual law

Sun Jul 7, 2013, 02:45 AM

Jul 2013

Angela Corey, the State's Attorney, almost always over charges hoping to get good plea deal. It works for her most of the time. This time, not so much.
Florida's definition of second degree murder

(2)?The unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual, is murder in the second degree and constitutes a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084.

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0782/Sections/0782.04.html

I'm not a lawyer either, but I know enough not to take anything I read in blogs or see on cable at face value and prefer to do my own fact checking. Just because I share the same political philosophy with someone doesn't mean they know what they are talking about on a specific subject.
Too many blogs etc. don't have fact checkers or actual journalists on the ground. Instead they have lazy wannabes sitting in a cubicle assuming stuff. (I swear to god, one more "sleepy southern town" reference about metro Orlando I am going to fucking puke.) IOW, I'm not a big fan of "new media". There are a few good blogs that are done by people who know what they are talking about, don't get me wrong, but I still do my own fact checking. It's an INTP thing, that's how I roll.

Like I told AC, the jury will be instructed that they can convict on the lesser charge. Or at least, that was the case on every Florida jury I was on. Thing is, the State still has to prove beyond a reasonable doubt that it wasn't self defense. A couple of their own witnesses made the chances of that pretty slim. Like it or not, that is simply the reality. FWIW, SYG has nothing to do with this case since there was no immunity hearing.
I have have been live streaming the trial in my office. Any opinion I have is based only on that. FOIW, there is a you tube channel "thecount" has a complete archive of it so far.

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Highlight:

Trayvon Martin was shot at 7:16 in the evening [View all] XemaSab Jul 2013 OP

I don't know how I missed that! Voice for Peace Jul 2013 #1

sunset/dark dothemath Jul 2013 #20

Ever gone for an after dinner walk? n/t jtuck004 Jul 2013 #64

Ah, yes, another apologist cliffordu Jul 2013 #88

"the RIGHT to wander around, kinda" Sad and so true about so much. SleeplessinSoCal Jul 2013 #100

Oh well, then... awoke_in_2003 Jul 2013 #101

So now we all have curfews? Violators will be shot on sight by vigilante assholes with no legal Nanjing to Seoul Jul 2013 #108

So it was dark, so what? demwing Jul 2013 #117

if it was dark, he must have been guilty, eh? spanone Jul 2013 #120

Well that changes everything Politicub Jul 2013 #125

I normally eat dinner around 730pm daily. If out prior, I am coming home around 716pm graham4anything Jul 2013 #151

What IS good for Zimmerman is the idiot DA charging him with murder instead of manslaughter. TrollBuster9090 Jul 2013 #45

From the chatter in the media, it appears that conviction on lesser charge is possible. MH1 Jul 2013 #46

The prosecution alluded to that JimDandy Jul 2013 #69

For some reason that shit fell through with Casey Anthony. AtheistCrusader Jul 2013 #96

the problem with Casey Anthony gejohnston Jul 2013 #98

an original intent to kill would be 1st degree. Voice for Peace Jul 2013 #48

Aren't there also two categories of manslaughter in Florida? brush Jul 2013 #70

Manslaughter is included in the charges. So he could be not guilty of 2nd, guilty of manslaughter. Voice for Peace Jul 2013 #50

Okay, thanks everyone. I was wondering about that. TrollBuster9090 Jul 2013 #55

If you didn't see proceedings from yesterday you might like to watch these Voice for Peace Jul 2013 #57

For those of us who don't have the time to go through it all why don't you grantcart Jul 2013 #124

it was the prosecution who convinced me. Voice for Peace Jul 2013 #126

That wasn't John Guy, it was Richard Mantei. Ruby the Liberal Jul 2013 #127

you are right, my bad.. I have been repeatedly saying John Guy Voice for Peace Jul 2013 #128

Indeedy. Ruby the Liberal Jul 2013 #129

excellent. I cannot watch a minute of the defense. grantcart Jul 2013 #130

I was sharing your same concerns. WinstonSmith4740 Jul 2013 #58

The DA can amend the indictment to include lesser, included offenses anytime. Deep13 Jul 2013 #54

here is the actual law gejohnston Jul 2013 #99

for 2nd degree murder all they have to prove is ill intent TorchTheWitch Jul 2013 #103

and apparently didn't know his neighbors, either.. Voice for Peace Jul 2013 #131

Martin's entire trip from start to the shooting is barely 30 minutes. politicaljunkie41910 Jul 2013 #81

once again, he was NOT the "neighborhood watch captain". he was acting on his own. nw does niyad Jul 2013 #83

Good post. n/t Notafraidtoo Jul 2013 #102

to the greatest page so more people can get the impact of the OP Voice for Peace Jul 2013 #2

kr HiPointDem Jul 2013 #3

Great point lumpy Jul 2013 #4

ZM profiled and executed a kid.. HipChick Jul 2013 #5

Expensive guns are burning holes in a lot of pockets Warpy Jul 2013 #6

Not just 'gunloons,' I'm afraid. Just like with the King case, there are plenty of moderate, TrollBuster9090 Jul 2013 #49

It amazes me as well. NT ctsnowman Jul 2013 #27

Something else I've been wondering about is Duer 157099 Jul 2013 #7

No. He had tmobile which allowed him to talk and surf the web ecstatic Jul 2013 #10

Yes. Yet it was too dark out to see much of anything per every witness..... Little Star Jul 2013 #13

Good point, thanks Duer 157099 Jul 2013 #14

Like someone set up thread, it's a lie brush Jul 2013 #71

I wouldn't doubt it - but it's hardly a capital offense! hedgehog Jul 2013 #24

It was a neighborhood where all the houses look alike XemaSab Jul 2013 #36

Good point. And it was a Sunday evening. Not exactly peak time for break-ins, etc. Hoyt Jul 2013 #8

The one thing I'm unsure about... woolldog Jul 2013 #22

Nose could have been kick from the gun, especially if he was holding it in an awkward position. MH1 Jul 2013 #47

that's an interesting possibility. thanks. nt woolldog Jul 2013 #67

I hadn't thought of that - they said the shot was a contact shot SaveAmerica Jul 2013 #90

that's exactly what I think it was TorchTheWitch Jul 2013 #105

I agree. I think it hasn't actually been proven that his head contacted concrete. MH1 Jul 2013 #122

I'm going to guess you've never fired a pistol before. kudzu22 Jul 2013 #137

Mostly M16 in the Army. But I'm going by others' suggestions. MH1 Jul 2013 #141

In a perfect world, it shouldn't matter. He wouldn't have had ANY injuries at all if he'd TrollBuster9090 Jul 2013 #51

Damn, Trollbuster! WinstonSmith4740 Jul 2013 #62

Well I sort of agree. woolldog Jul 2013 #66

I wonder if Zimmerman tried to restrain Trayvon csziggy Jul 2013 #97

That's how I see it too. yardwork Jul 2013 #68

Thanks for the excellent observations, TrollBuster protect our future Jul 2013 #119

Thanks! Like you, I haven't been keeping up with all the details, and I don't know TrollBuster9090 Jul 2013 #152

What you said. +1M. nt. MH1 Jul 2013 #121

Martin Had A Small Cut On Left Little Finger Near The Knuckle DallasNE Jul 2013 #87

Wow I never knew the time obama2terms Jul 2013 #9

K & R Tribalceltic Jul 2013 #11

For some reason I thought it was much later than that. Ruby the Liberal Jul 2013 #12

The Zimmerman cheerleaders Mariana Jul 2013 #16

White supremacist websites were the first to spread these lies. yardwork Jul 2013 #18

Same here. Starry Messenger Jul 2013 #30

In my head, it was like 10-11pm? Ruby the Liberal Jul 2013 #40

I guess they just believed him. Starry Messenger Jul 2013 #104

True AnnieK401 Jul 2013 #15

I think 2nd degree murder is the minimum for this act hedgehog Jul 2013 #25

Yes. One of the reasons I knew Zimmerman was guilty yardwork Jul 2013 #17

Message auto-removed Name removed Jul 2013 #32

Trayvon was still a kid. He was Murdered! hrmjustin Jul 2013 #33

Zimmerman is dogshit, and anyone who would defend him is lower than dogshit Tom Ripley Jul 2013 #34

Message auto-removed Name removed Jul 2013 #38

What do you consider a child? maddezmom Jul 2013 #35

17 is still a kid. HappyMe Jul 2013 #39

"Zippy" Ruby the Liberal Jul 2013 #41

Please do. HappyMe Jul 2013 #42

I just asked my husband "based on what you have heard, what time do you think Trayvon was shot" nadine_mn Jul 2013 #19

Exactly. locdlib Jul 2013 #21

"Why was Trayvon out so late at night?" I have seen that question a LOT on the internet arcane1 Jul 2013 #23

Yeah, that's one of three ridiculous memes that are floating around. TrollBuster9090 Jul 2013 #156

A juror did say that and also mentioned the 'riots' jbnow Jul 2013 #72

Holy crap, did this person make it onto the jury??? n/t TorchTheWitch Jul 2013 #134

Wow! How come this fact hasn't been trumpeted? I, too, thought it was much later. SaveOurDemocracy Jul 2013 #26

YUP.. kicking the thread again (piggybacking here..) Voice for Peace Jul 2013 #59

K & R ctsnowman Jul 2013 #28

When I started looking into this case Just Saying Jul 2013 #29

My Faux News watching neighbor is convinced justiceischeap Jul 2013 #31

He called 911 at 7:09 Powdered Toast Man Jul 2013 #37

I still don't think Zimmerman killed Martin because of race. NM_Birder Jul 2013 #43

Because he is a cop-wannabe garden variety fucking coward. Ruby the Liberal Jul 2013 #44

I do. MADem Jul 2013 #52

Absolutely. We all know that, which is why it's so absurd that the Judge forbid the prosecution TrollBuster9090 Jul 2013 #56

Are you guys a comedy team ? NM_Birder Jul 2013 #149

For the third time in this particular thread, I AM NOT CLAIMING ZIMMERMAN IS A RACIST. TrollBuster9090 Jul 2013 #153

awkward, I'm not sure if you're serious or confused. NM_Birder Jul 2013 #158

How exactly would you describe "racism"? TrollBuster9090 Jul 2013 #161

I understand what you are saying, NM_Birder Jul 2013 #139

The facts do support it, to my mind. MADem Jul 2013 #140

you express what's in your mind clearly. NM_Birder Jul 2013 #142

I don't have to "want" anything--the guy gets the label by his very own actions. MADem Jul 2013 #144

I expected no less. Bravo. NM_Birder Jul 2013 #145

You don't even know me, so spare me the condescension. MADem Jul 2013 #146

Annnnnnnnd cut. LOL. NM_Birder Jul 2013 #148

You're easily distracted by straw man arguments, aren't you? You'd have been a perfect TrollBuster9090 Jul 2013 #154

Actually, NM_Birder Jul 2013 #159

If "race had been left out of it" Martin wouldn't have been profiled by Zimmerman in the first place TrollBuster9090 Jul 2013 #160

Get your facts straight. TrollBuster9090 Jul 2013 #163

you don't have to be a racist to profile, imo Voice for Peace Jul 2013 #63

Yes. yardwork Jul 2013 #116

Exactly. I really don't get why people are so easily distracted by the straw man argument TrollBuster9090 Jul 2013 #155

yes, the race is part of the profile. I don't consider that to be racism per se. Voice for Peace Jul 2013 #157

"treat people differently, based on pre-existing BIAS that's based on race"= racism NM_Birder Jul 2013 #164

Look up the Fallacy of The Undistributed Middle Term. TrollBuster9090 Jul 2013 #166

Are you kidding? It was all about race Hugabear Jul 2013 #86

it wasn't ALL about race TorchTheWitch Jul 2013 #109

Nobody ever suggested he KILLED Martin because of race, just that he selectively TARGETED him TrollBuster9090 Jul 2013 #162

This reminds me of the "high speed chase" meme in the Rodney King debacle. WinstonSmith4740 Jul 2013 #53

Zimmerman wasn't brought to the police station for his statement Ruby the Liberal Jul 2013 #60

He was seen on the phone immediately JimDandy Jul 2013 #73

I've always been so curious about that TorchTheWitch Jul 2013 #110

26 Feb 2012 sunset was at 6:23 PM OldRedneck Jul 2013 #61

And we all know that unfortunately, WinstonSmith4740 Jul 2013 #65

What Twilight? DallasNE Jul 2013 #106

Thanks for pointing that out. I heard it, too, but wasn't quick enough Judi Lynn Jul 2013 #114

how do you know when the gun came out? TorchTheWitch Jul 2013 #132

Like I Said Before DallasNE Jul 2013 #135

how do you know when the gun came out? TorchTheWitch Jul 2013 #133

True DallasNE Jul 2013 #136

Probably not between those two rows of buildings TorchTheWitch Jul 2013 #111

True, Plus Zim's bruises ..... cntrygrl Jul 2013 #74

Lets put it John2 Jul 2013 #75

Can anyone explain cntrygrl Jul 2013 #165

welcome to DU! renate Jul 2013 #82

Time line cntrygrl Jul 2013 #138

I just wanna know how he got off a shot right to the heart ... Benton D Struckcheon Jul 2013 #76

Now that you mention it, I haven't seen a word about where the bullet ended up arcane1 Jul 2013 #79

Pretty sure they took it out of his body. Honestly not certain though. n/t Benton D Struckcheon Jul 2013 #80

It was hollow point and it broke into fragments in his body... targetpractice Jul 2013 #91

The Lead Core Was Found Right Behind His Heart DallasNE Jul 2013 #107

It was an expanding bullet TorchTheWitch Jul 2013 #112

K&R proReality Jul 2013 #77

Clearly. Did you hear what GZ wrote tblue Jul 2013 #78

I think he used the word "hunt" Voice for Peace Jul 2013 #95

that really freaked me out TorchTheWitch Jul 2013 #113

Perfectly expressed. Agree with you 100%. Thanks. n/t Judi Lynn Jul 2013 #115

The pro-Zimmerman cheerleading squad here at DU just reaffirms what I already knew... Liberal_Stalwart71 Jul 2013 #84

Very good point Pretzel_Warrior Jul 2013 #85

Yes, and the nerve he had to walk slowly in the rain! SaveAmerica Jul 2013 #89

And he looked at Zimmerman, too. targetpractice Jul 2013 #93

K&R for all the kids that walk to the store and then home. Rex Jul 2013 #92

but he had some weapons rufus dog Jul 2013 #94

Defense Attorney said TM was "armed with a concrete sidewalk" displacedtexan Jul 2013 #150

Zimmerman saw Trayvon and thought "Kid's a burglar." dusty trails Jul 2013 #118

He should have to take another polygraph libodem Jul 2013 #123

Just sickening. we can do it Jul 2013 #143

So true. AtomicKitten Jul 2013 #147