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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsI think this attorney has it about right on the Zimmerman trial
Is manslaughter likely for Zimmerman?
By Mel Robbins, HLN contributor
Editors note: Mel Robbins is a criminal defense attorney and HLN legal contributor.
Snip>
Keep in mind, for murder two, the "depraved mind" aspect is a requirement. Zimmerman claims he was walking back to his car to meet the police, which refutes the depraved mind claim. Other witnesses (including the woman from the police department who trained Zimmerman as the neighborhood watch captain) called Zimmerman "meek," "concerned," a "good neighbor" and "professional" -- which is the opposite of a vigilante with a depraved mind and corroborates his story.
If a juror doesn't know what to believe about Zimmerman's state of mind, then there is doubt. And I guarantee you'll hear the defense say in its closing argument, One thing we do know for sure is that when Zimmerman left his home to run to Target that night, he wasn't planning on killing Martin. And, if you then add in the testimony of Jonathan Good -- who saw Martin on top of Zimmerman and Zimmerman crying for help -- as well as the fact that both investigators believed Zimmerman's self-defense claims and found no evidence to contradict it, it's just too murky to convict him of murder two.
Manslaughter, though, is a different ball game all together. To convict Zimmerman of manslaughter, the prosecution must prove beyond a reasonable doubt that Zimmerman acted with culpable negligence the night he shot Martin. Let's take Martin's actions out of the equation for a minute and consider just the decisions that Zimmerman made that night. Here's how the jury could reach that verdict by looking at the totality of Zimmerman's actions:
1.He made the decision to get out of the car with a gun, knowing police were on their way
2.He followed someone on a dark and rainy night
3.He muttered "f---ing punk" and "these a--holes always get away" while following Martin
4.He did not identify himself as the neighborhood watch captain when they confronted one another
None of these four facts is disputed. If the jurors add up all the decisions and actions that Zimmerman made that night, they could easily conclude that Zimmerman acted negligently that night and that, if it weren't for his negligence, Martin would still be alive.
More: http://www.hlntv.com/article/2013/07/08/george-zimmerman-trial-manslaughter-murder-two
As someone just pointed out, he could get 25 years for manslaughter.
HipChick
(25,485 posts)Prison justice will take care of the rest...at least he won't be murdering any unarmed teenagers..
Azathoth
(4,611 posts)concerning self-defense.
That's where we're at now: talking about how the State could still pull off a conviction if the jury just says "fuck it" and ignores the law.
Quixote1818
(28,992 posts)A long shot but it could happen.
Tx4obama
(36,974 posts)Even If George Zimmerman Is Found Not Guilty Of Murder And Manslaughter, He Could Still Serve 25 Years
To many people, there is no middle ground: George Zimmerman will either be convicted of Second Degree Murder or he will be found Not Guilty.
But the reality is much more complex, because the jury will have a number of Lesser Included Offenses to choose from.
And because of these numerous options, it is not uncommon for a jury to exercise what is known as their pardon or nullification power and return a compromise verdict that they believe is just under the circumstances. ...
-snip-
See full article with long list here: http://www.mediaite.com/online/even-if-george-zimmerman-is-found-not-guilty-of-murder-and-manslaughter-he-could-still-serve-25-years/
russspeakeasy
(6,539 posts)TorchTheWitch
(11,065 posts)I think it was automatic. I can't remember about that specifically or not.
russspeakeasy
(6,539 posts)after both lawyers close and before the judge's instructions. Thanks.
TorchTheWitch
(11,065 posts)He saw only about 2 seconds of what was going on and had to retract pretty much everything he had claimed in what he'd said to the press in his testimony. His testimony was full of personal opinion. He never saw Martin actually hit Zimmerman, and he only THOUGHT that it was Zimmerman doing the screaming and calling for help since his opinion was that the dude on the bottom would logically be the one calling for help. He never actually witnessed anything but a very brief glimpse of two people in the dark where the one with the red jacket was on the bottom and where he saw the one on the top move his arms downward.
This is why I don't watch or read any of the media's interpretation of the trial but the actual trial itself. The media has obviously taken the side of Zimmerman in this case and are reporting with that bias. What is actually going on in the trial is not at all how the media or any of the "experts" on tv have been claiming.
Samantha
(9,314 posts)The Florida Home Owner's Association does not authorize the citizens' patrol to take any action personally when someone spots a suspicious character or event. They are only to contact the police. Under its authorization, people within the group are not to carry guns. Yes, I know Zimmerman had a permit himself to carry, but that was not authorized within the confine of his duties for the Association.
When asked when he reported his suspicions if he was following the subject, he responded that he was. He was told "we do not need you to do that" and he was not supposed to get out of the car. But get out of the car he did. If he had simply obeyed that order, Martin would be alive today.
Why did he get out of the car? This is where the subject's intent comes into play. I do not believe after listening to all of his comments, his intent was in doubt.
For a person who wanted to be in law enforcement, he surely demonstrated really poor judgment. It is my personal belief that he is a misfit who held inherent prejudices and those prejudices prompted him to hunt Trayvon Martin and provoke a fight. His ego assured him he would prevail.
Sam