>> whether he is convicted of manslaughter or aquitted is dependent upon whether the jury finds he has a depraved mind?
No, the “depraved mind” will decide between manslaughter or murder 2, not between manslaughter and acquittal.
If he’s acquitted, it’s because the jury believed his claim that he shot Skittles in self defense. Period. That, as far as I can see, is the only way he can get acquitted, since it’s undisputed that he DID kill Skittles.
Not to beat it to death, but here’s how I imagine a jury “flow chart” would look:
Did Zimmerman kill Skittles in self defense?
YES: He’s innocent. DONE
NO:
Then did Z kill Skittles with “a depraved mind”?
YES: He’s guilty of 2nd degree murder. DONE
NO: He’s guilty of manslaughter. DONE
(If there are lesser offenses besides manslaughter, then they would fit in as a decision under whatever criteria support manslaughter.)
Oh okay. Thank you for the clarification, and a final question if I can impose on you: The prosecution would be required to ask the judge to instruct the jury to consider a lesser offense (manslaughter) because the original charge was Murder 2?