Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: abb
Damn funny that she called, and I really enjoy Dershowitz's characterizations of "rant" and "nonstop whine."

But technically, she's right that the charging affidavit is kosher under Florida criminal law practice, and Dershowitz is wrong. The charging affidavit only need include exculpatory material, if that is an element of the charged crime. In Florida, the criminal charge of 2nd degree murder makes no reference to the self defense statutes, which are in a different chapter.

Not to say Corey's charge is ethical, it's not. Just saying that there won't be any evidence of that in the charging information or supporting affidavit; at least not the way Dershowitz presents it.

He could point out that the record has NO evidence of certain elements sworn true in the affidavit. There is no evidence that the dispatcher ordered Zimmerman to wait for police, for example.

9 posted on 06/06/2012 2:39:03 AM PDT by Cboldt
[ Post Reply | Private Reply | To 1 | View Replies ]


Massive typo in my previous - the charging affidavit only need include inculpatory material. Of course, it has to recite all of the elements of the crime.
10 posted on 06/06/2012 2:42:20 AM PDT by Cboldt
[ Post Reply | Private Reply | To 9 | View Replies ]

To: Cboldt

Interesting points, thanks, but I don’t see why the fact that Zim was defending himself is not “an element of the charged crime.”


11 posted on 06/06/2012 2:45:56 AM PDT by varialectio
[ Post Reply | Private Reply | To 9 | View Replies ]

To: Cboldt
"But technically, she's right that the charging affidavit is kosher under Florida criminal law practice,..."

What I find so interesting here is that Corey's "half truth" is perfectly acceptable to the court, while Shelly's may be sanctionable. The "professional" that is bound by a code of ethics can, can feel free to "lie" by omission. Shelly (was she even sworn in?) is just a average citizen who would normally be presumed to be completely ignorant of court procedure.

64 posted on 06/06/2012 9:05:38 AM PDT by moehoward
[ Post Reply | Private Reply | To 9 | View Replies ]

To: Cboldt

LOL!! Should have read the article first. I guess Dersh and I agree!


65 posted on 06/06/2012 9:10:31 AM PDT by moehoward
[ Post Reply | Private Reply | To 9 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson