[Conscience of a Conservative]

That is my interpretation of the law, and it’s not a controversial one (I am a lawyer, but not a Florida lawyer).

Zimmerman clearly committed an act that, in the absence of some legal justification, constitutes second-degree murder in Florida. The only issue in the case, then, is whether Zimmerman was legally justified. That’s something that has been debated endlessly, and will continue to be debated some more. But what is not up for debate is whether, in the absence of justification (e.g., self-defense), Zimmerman’s act satisfies the remaining elements of murder.

[beandog]

That goodness not all lawyers agree with you. Mark Levin, for example. I’d take his opinion over yours any day.

[Darren McCarty]

Another non-Florida attorney here.

Where's the mens rea intent or depraved heart murder? That's my problem with 2nd Degree. They tried that here in Michigan to two white Detroit cops in the very infamous Malice Green case back in 92 (about as high profile as this). Detroit had its own court system (Recorder's Court) at that time so there was no chance. 2nd Degree conviction overturned on appeal to involuntary manslaughter (which I think was proper). Under the worst reading of facts from what I know, I can see manslaughter.

If Zimmerman did not end up on the ground, I can see 2nd Degree. That's about the only way I can see it.

[ArmyTeach]

If it proves to be true that Trayvon was beating the back of Zimmerman’s head into a concrete sidewalk, which I think could in itself constitute attempted great bodily harm or murder, shouldn’t the justification of self defense be applied?

[SZonian]

Thanks, I appreciate the legal explanation and clarification.

Agreed about the “justification” element. I guess we’ll find out more about that now that charges have been brought forth.

I’m tired of the rampant speculation and in some cases, outright deception that have been put forth.

FRegards,
SZ

[Hulka]

Based upon what we know, please tell me how she can prove beyond a reasonable doubt the three elements of the crime:

“In order to convict a defendant in Florida of Second-degree murder, the State of Florida must prove the following three elements beyond a reasonable doubt:

The victim is dead;
The death was caused by the criminal act of the defendant;
There was an unlawful killing of the victim by an act imminently dangerous to another and demonstrating a depraved mind without regard for human life.”

Thanks.