The judge’s instructions to the jury:
“MANSLAUGHTER To prove the crime of Manslaughter, the State must prove the following two elements beyond a reasonable doubt: 1. Trayvon Martin is dead. 2. George Zimmerman intentionally committed an act or acts that caused the death of Trayvon Martin.”
The judge has misstated the law:
Fla. Stat. § 782.07(1) Manslaughter.- The killing of a human being by the act, procurement, or culpable negligence of another, without lawful justification according to the provisions of chapter 776 and in cases in which such killing shall not be excusable homicide or murder, according to the provisions of this chapter, is manslaughter, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Fla. Stat. § 776.012 Use of force in defense of person.—A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. However, a person is justified in the use of deadly force and does not have a duty to retreat if:
(1) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony; or
(2) Under those circumstances permitted pursuant to s. 776.013
Fla. Stat. § 782.04(2) Murder.— The unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual, is murder in the second degree and constitutes a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084.
Fla. Stat. § 782.03 Excusable homicide.—Homicide is excusable when committed by accident and misfortune in doing any lawful act by lawful means with usual ordinary caution, and without any unlawful intent, or by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat, without any dangerous weapon being used and not done in a cruel or unusual manner.
http://www.wsbradio.com/news/news/local/document-instructions-george-zimmerman-jury/nYnm3/
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Index&Title_Request=XLVI#TitleXLVI
Yep. In a just country that would be grounds for reversal on appeal.
Why didn’t Judge Piggy simply provide them with a copy of the statute?
Oh, right...the clear language of that text would have led to an acquittal and the loss of her promotion to a higher court in the federal jurisdiction.
If that was the extent of the idiot judges “clarification” on manslaughter then it will be reversed.
That is beyond horrible.
It’s either gross incompetence or downright malicious.
That instruction (even if it accurately followed a statute) would be constitutional defective and a violation of due process.
Just horrible.
I’m in disbelief.