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To: boop

I’ve never heard of third degree murder. Murder, at common law, is the unlawful killing of a human being with malice aforethought. In most US jurisdiction, it is “first degree” if it is also premeditated — but “premeditation” doesn’t mean it was planned for a long time; it can be a mere moment’s malicious planning. So even lawyers often have difficulty deciding whether a murder is 1st or 2d degree.

Manslaughter — perhaps that is what was meant by M3? — also comes in two flavors. Voluntary manslaughter typically is “what would otherwise be a murder,” but committed in a heat of passion caused by a provocation that would cause a reasonable person (and DID cause the defendant) to lose control. Involuntary is — again, speaking off the cuff here — when your incredibly stupid, reckless conduct accidentally kills someone.


21 posted on 04/13/2012 4:14:20 PM PDT by pogo101
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To: pogo101; boop

There is a murder 3 on the books in Florida, but it would not apply here (I know, I know - murder 2 doesn’t appear to, either.) For murder 3 Zimmerman would need to have killed while engaged in perpetration of another felony.

Manslaughter is automatically a lesser included charge under murder 2.


58 posted on 04/14/2012 3:53:54 PM PDT by PhatHead
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