OK, I just wanted to throw something out there that’s really been bothering me:
George Zimmerman was charged, and is on trial for 2nd degree murder, correct? Then how can any judge just arbitrarily toss in another charge (manslaughter), one that the defendant was not originally with???
Is this not automatically grounds for an appeal? The defense’s case was entirely based on the 2nd degree murder charge.
Judge: “Ladies of the jury: If you can’t find the defendant guilty of the crime he was charged with, then, try manslaughter. Or rape. Or, oh , I dunno, child molestation. Or, well, you decide - anything with a long sentence will do.”
Because Florida law says that lesser charges can be considered -- and manslaughter is one of those lesser charges.
Lesser included offenses are common in most jurisdictions. In some states, the state has the option of having them removed, in others it’s a defense option. The offenses have to arise from the same incident, and the same set of facts, so the defendent’s on notice from the start.
The Judge may toss in any lesser included offense. The Judge has the discretion to do this even of one side or other objects.
Manslaughter is a lesser included offense of 2nd Degree Murder. In other words, the same elements needed to find someone guilty of Manslaughter are very similar to those of 2nd Degree Murder (the homicide charge requiring intent, whereas manslaughter involves recklessness). It is very common. That’s why defense attorney West went nuts when the State tried to include 3rd Degree Murder - homicide while committing child abuse. Those elements are completely different than the elements of 2nd Degree Murder, and the case was never about that. Defense attorneys are presumed to be aware of lesser included offenses, and 90% of the time it is they who call for it, in the hopes of getting their clients a lesser conviction.