The general rule is that if the prosecution does not include manslaughter as an alternative lesser included charge and the defendant does not request an instruction to allow the jury to find on the lesser included crime, then a failure to prove all the elements of second degree murder would demand that the jury return a verdict of not guilty.
In this case I do not believe that Zimmerman has been separately charged for voluntary or involuntary manslaughter. So it should be an all or nothing trial on the murder charge.
The State cannot later come back and charge the defendant on the lesser included charge. Of course that does not prevent Eric Holder from later holding a show trial on a Civil Rights violation.
Thanks, P-M.
I don’t know about Florida. But in Idaho the prosecution levies the maximum charge they feel the evidence warrants.
At the preliminary hearing the judge can/will decide if there is enough initial evidence presented by the prosecution to warrant a second degree murder charge. If not, he can and will tell the prosecution what they can charge Zimmerman with.
At that point the prosecution can and will prosecute for that maximum charge but will include all the lesser charges that would fall under that. Like aggravated battery. Simple battery. Spitting on the sidewalk. On down the line.
Depending on the balls of the judge he/she could tell the prosecution they don’t have a case and stop it right there.
Be interesting to see, huh?
You have judges that completely overturn the explicitly voted in decisions of the majority of THE PEOPLE, here and there. See if there is one out there that has the guts to overturn the will of the PC crapbastards calling the shots here.
And don’t forget Xzins. Not only have I seen this movie before, I starred in the SOB.