>> in Florida 2d degree means they have to prove depraved indifference.
...and the operative word there is *prove*. Mass media-style hysterical innuendo won’t cut it. It must be proven beyond reasonable doubt and that’s a high bar to clear.
Personally I think she overcharged just hoping *something* would stick. Sort of like asking for a pony for Christmas knowing you won’t get it but maybe you’ll get the B-B gun. So maybe she’ll get manslaughter out of it (and can parlay that into her next political office).
The key element in this one is going to be the judge. Dear God, let it be an honest, impartial, and skillful one. There’s a lot hanging in the balance.
If they can’t prove 2d degree, are they simply allowed to fall back to the next lower level of manslaughter?
You’d think that would require another trial if he wasn’t charged with it, since the standards are different.