I’m not certain that this applies in Florida courts, but in my state, if a prosecutor charges an individual with a crime and the judge instructs the jury that they can find that person guilty of a lessor crime, they can do so.
I felt from the beginning that the prosecutor set the bar high to ensure that a jury would find Mr. Zimmerman guilty, if not of second degree homicide, at least a lessor offense.
Having spent my career in law enforcement, I was adamant that a person be charged with the appropriate crime commensurate with his actions, nothing more nothing less. In Mr. Zimmerman’s case, from the evidence I have heard and seen, the issue should have been resolved by a thorough, competent investigation, period. I see jury nullification/fear of riots in Mr. Zimmerman’s case, I fear.
EODGUY
I fear the same thing. According to what we know now, it would appear that the original police decision not to charge Zimmerman was justifiable.
Second degree murder seems ludicrous unless much more evidence than we know now will be brought to light.
It wouldn't take jury nullification to acquit Zimmerman of all charges. It would just take the prosecution not proving their case of second degree murder.
Even a lesser crime charge might not have been justified if evidence points to Zimmerman walking away from the confrontation, then being ambushed by Martin.
But regardless of what happens, I fear politicization of the trial and verdict and riots. So needless.