[ripley]

Question:

How can the judge “permit” the jury to consider a lesser charge of manslaughter? Isn’t that an arbitrary and capricious act on her part or is it permissible under Florida law?

Just asking.

Thanks in advance.

REgards.

[Uncle Chip]

It’s Florida law and it is in the jury instructions for this case.

[Axelsrd]

Question:
The judge “permits” the jury to consider a lesser charge of manslaughter. Does this mean the jury HAS to consider manslaughter? Can the jury come back with a Not Guilty on M2...period?

[piytar]

Lesser included with all elements included in elements of murder 2 means it can be added at the end by a judge.

[BuckeyeTexan]

In Florida, manslaughter is a category-one lesser included charge for second-degree murder with a depraved mind. See (below) the chart of lesser included offenses and the standard jury instructions provide by the FL Supreme Court.

Category one means that the lesser included crime is necessarily included in the jury instructions unless the Prosecution specifically asks that it be excluded. They did not in this case. The Defense asked that manslaughter be struck from the jury instructions, but the Prosecution argued against striking it.

Category two means that the possible lesser-included crimes may or may not be included depending on the accusatory pleading and the evidence presented. Third degree murder is a possible included lesser for second degree murder with a depraved mind. The prosecution argued for it to be included in the jury instructions, but the judge decided there was not evidence to support it.

http://www.floridasupremecourt.org/jury_instructions/chapters/chapter7/p2c7s7.4.rtf

http://www.floridasupremecourt.org/jury_instructions/chapters/chapter33/schedlesserincludoffens.rtf