Do you think?

[Becka2515]

Do you think they charged Zimmerman with 2nd degree murder so as to give him some wiggle room to cop a plea to a lesser charge? Like manslaughter?

[monmouth]

1. Not at all. Second degree charge fits the criteria for his actions and crime. n/t

[Becka2515]

3. Its not what we think he did

but what the state can prove and with that whacky SYG law it might very well be hard to prove 2nd degree murder (unless the have a witness to prove it)

If he plea's to a lesser charge and doesnt serve a long sentence will people accept that?

[Bucky]

9. Interesting: "It's not what *WE* think he did"

Expectations of groupthink won't be well sustained on DU. 'Tis a place of diverse viewpoints.

Just a few thoughts. First, Florida law is different from New Jersey law or Virginia law or Louisiana law. Each state sets its own standards for what's Murder 1 or 2 or various degrees of Manslaughter. So an out of state layman's view of what's the proper charge won't tend to be very precise. For that matter, neither would an out of state attorney's.

Second thought is, as is probably discussed downthread, one quirk in Florida law is that prosecutors can bring Murder 2 charges directly to a judge & jury while Murder 1 could only be brought by an empaneled grand jury--it's one of those protections of individual liberty in the American system of law, ironically enough. But in this case, going for First Degree would have dragged out the process. I suspect swift action by the state may have been an unspoken motive in this case.

Third, Murder 1 is pretty high standard. It's not what the me part of "we" thinks happened. I just don't see that Zimmerman thought to himself beforehand, "I'm gonna go kill that kid" when he got in his car to track down Trayvon Martin, nor even when he got out of the car to interdict him on the street a few minutes later.

What Zimmerman did certainly does seem to involve premeditation--he chose his course of action every step of the way leading up to the confrontation--so Murder rather than Manslaughter seems to be the proper charge. But he was a powerdrunk fool overreacting to local crime rather than a villain setting out to kill. Murder 2 is a serious charge and carries a heavy punishment. In my opinion, it's the right call on the prosecutor's part. I just hope the process doesn't get all Floridified.

[hack89]

2. I think they desperately want a plea bargain

a not guilty verdict at a trial would be a disaster. It is not a open and shut case like many here think - there is considerable risk of a not guilty verdict.

[Becka2515]

4. I agree

its not a slam dunk. I think they shouldve went with manslaughter in the first place if they are not intrested in a plea deal.

[shimonitanegi]

5. Zimmerman killed a kid who was screaming for help and begging for his life

in a cold blooded manner. I think it is an appropriate charge.

[Becka2515]

6. You have proof of this?

nt

[Solomon]

7. No. He was charged with murder because thats what

he did, commit murder. Get over it

[Becka2515]

8. There is nothing to get over.

Why do you believe I have to get over it? Can you show me proof beyond a reasonable doubt that he committed 2nd degree murder? Nearly every reasonable lawyer not involved with the case says they are going to have a hard time proving 2nd degree and this is just a ploy to get him to cop to a lesser charge. I know a lot of people want him to swing from the gallows but they shouldve charged him with the crime that best suits the facts: Manslaughter.

[TorchTheWitch]

10. you know better than the prosecution team

who actually know what the facts are having been the ones to investigate quite a bit beyond internet website articles and have years and years of experience?

Call me crazy, but I'll go with what the prosecution team believes is the best charge seeing as they're the ones with the job experience and ACTUAL knowledge of the facts of the case.

Did these brilliant lawyer talking heads on tv seem to forget that the Murder 2 charge includes the lesser charge of Manslaughter that the jury has as an option if they don't feel that they can convict on Murder 2?

[Becka2515]

12. I guess

the prosecution team in the Casey Anthony knew their stuff too?

[SidDithers]

11. Internet experts are funny...nt

Sid

[Solomon]

13. You and all the other whiners around here are obviously

having a problem with the charge. There's a freaking "mountain of evidence" in this case but some people act as though it doesn't exist. Any grandstanding defense lawyer telling you otherwise is just trying to get in on the case. It means a lot of fame and notoriety.

[uppityperson]

14. What do YOU think? Tell us what you think about this. Do you think they did?

[Becka2515]

15. I told you already

I could be way off but I doubt with the wacky law that is SYG they are going to have a hard time proving 2nd degree, maybe manslaughter but all he has to say is that he felt that his life was in danger. I dont know all the evidence collected so I really dont know how this is going to turn out.