>> Is manslaughter on the table or can it be put in the table?
IANAL and all that, but the best description I have seen goes something like this:
** By FL law manslaughter is an automatically available lesser charge to murder 2. I have seen “official” information so I believe this.
** A finding of self defense means not guilty on either murder 2 *or* manslaughter. Self defense essentially means justifiable homicide, so it’s neither murder nor manslaughter.
** It would be possible for the jury to find that Zimmerman did not act with a depraved mind, so he’s not guilty of Murder 2. However, they may also find that his claim of self defense was “imperfect”. Under those conditions they could convict him of manslaughter.
Again I am not a lawyer (but I’m learning how to play one on FR threads).
That’s pretty good. I’m not an attorney either. So if I understand you correctly, whether he is convicted of manslaughter or aquitted is dependent upon whether the jury finds he has a depraved mind? The reason I ask is that I remember reading somewhere (Probably FR) that the burden to prove self defense in FL is significantly lower than other states, typically.
IANAL but based upon everything I’ve read or heard from those who are, you are spot on. If it’s self defense, he will be found not guilty of either Murder2 or Manslaughter. If it was imperfect self defense - meaning he went too far or could have avoided death, then manslaughter. If killing, not premeditated but with malice, ill will, etc, then Murder2. I’m confident the state will ask for it to be considered. Kind of a standard thing.