Interesting points, thanks, but I don’t see why the fact that Zim was defending himself is not “an element of the charged crime.”
She thinks that this will help her career but Pam Bondi will cut her off at the knees as she wants to move her career too.
Pam is dating a friend of my son's Dad, in Tampa.
The charged crime is second degree murder. The following excerpt is not a complete list of all the possible ways to reach second degree murder in Florida, but it is the section Corey uses in making her charge against Zimmerman.
F.S. 782.04 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 ...
Quick sidetrack, I think the charging document does not recite facts to support the element of depraved mind. A person is required to infer too much, in order to conclude that.
Back to the charging document. Rule 3.140 in Florida Rules of Criminal Procedure defines the requirements for the charging document, be it an information or indictment.
Florida Rules of Criminal Procedure 3.140 - Indictments, Informations
3.140(d)The Charge.
(1) Allegation of Facts; Citation of Law Violated. Each count of an indictment or information on which the defendant is to be tried shall allege the essential facts constituting the offense charged. In addition, each count shall recite the official or customary citation of the statute, rule, regulation, or other provision of law that the defendant is alleged to have violated.(k) Form of Certain Allegations. Allegations concerning the following items may be alleged as indicated below:
(4) Exceptions; Excuses; Provisos. Statutory exceptions, excuses, or provisos relative to offenses created or defined by statute need not be negatived by allegation.
It's that last part, Rule 3.140(k)(4), that allows Corey to omit the exculpatory information. The information and affidavit have to cover all the elements of murder, 782.04; but the indictment does not have to "negative" or "disprove" Zimmerman's claim to self defense under a separate statute, 776.032. The statutory exception of self defense defined by Florida statute 776.032, need not be negatived by an allegation of murder under 782.04.
The right to self defense, and immunity from government harassment for justified use of force in self defense, are not elements of murder. The murder statute does not point back to Chapter 776, Justifiable Use of Force, with a recitation like "unless the killing was justified under chapter 776." Corey doesn't have to refer to Chapter 776 (which is where Zimmerman's defense lies) in an information alleging murder to 782.04.
All that said, Corey's charge is unethical. The fact that it conforms to the "form" of legal process in Florida does not save her bacon.
Because that wouldn't 'help' her case.