I don’t think the prosecution will be able to get a 2nd degree murder conviction. The following is from a Florida Attorney’s website:
Second degree murder cases often involve a death that allegedly occurred because of a heat of passion or act that was so dangerous is warrants a criminal action be brought against the Defendant. The classic example is the spouse who finds their partner having an affair with another person and immediately acts to kill either the partner or the partner’s lover. 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:
1. The victim is dead;
2. The death was caused by the criminal act of the defendant;
3. 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.
Understanding a second degree murder can be more confusing than the more serious first degree murder. The “criminal act” reference in the statute must be a single event or series of related actions arising from and performed pursuant to a single design or purpose of committing the murder or creating the dangerous condition that led to the death. Although second-degree murder can carry a potential incarceration of up to life in prison, the death penalty cannot be imposed on a person found guilty of second-degree murder.
Whether a Defendant’s actions could have been reasonably foreseen as endangering a human life to the point of warranting a prosecution is a question for the jury and where a skilled defense lawyer can be most helpful. Examples may include the negligent supervision of a child or of the elderly by an adult, or other reckless behavior that led to the death of another person.
Corey is giving a speech, patting all her government coworkers on the back.
She is a smug, arrogant, government employee liar.
In fact, she is clearly enjoying the face time.
This is one disgusting individual.
When Zimmerman called the authorities against the advice of his former attorney, could he have confessed?
I agree that with an honest jury based on the facts (not the spin) reported so far, there should not be a conviction.
The key question of fact for the jury will be who initiated the physical aspect of the alteration.
There does not appear to be any actual evidence to rebut the defendant’s description of events that Martin struck him in the face, knocking him down and got on top of him beating his head into the ground.
The only possibility would be a new witness not previously known or the girlfriend stretching her claim of what she heard on the cellphone conversation to include hearing Zimmerman physically striking Martin.
The question as to who struck the first blow will open up rule 404 evidence as to propensity.
There will be a big fight over just what about the No_Limit_N_gg_’s character the jury will be permitted to hear to prove propensity to violence.