@oralloy,
firefly wrote:
Quote:Animus toward the victim is an element of 2nd degree murder.
oralloy replied
Quote:Not when it's Depraved Heart Murder.
This time you are definitely wrong, oralloy.
Quote:Overview of Florida Second Degree Murder Laws
In Florida, state laws establish several types of homicide, the unlawful killing of a human being. The state prosecutes homicides as murders and manslaughters -- it may be helpful to know the multiple types of murders established by state law and understand the differences among them. In particular, second degree murder lacks the premeditation often required for the prosecution of a first degree murder.
To prove second degree murder, a prosecutor must show that the defendant acted according to a "depraved mind" without regard for human life.
Florida state laws permit the prosecution of second degree murder when the killing lacked premeditation or planning, but the defendant acted with enmity toward the victim or the two had an ongoing interaction or relationship. Unlike first degree murder, second degree murder does not necessarily require proof of the defendant's intent to kill.
http://statelaws.findlaw.com/florida-law/florida-second-degree-murder-laws.html
As I've already pointed out, Zimmerman had animosity toward Martin from the moment he spotted him and profiled him as a criminal type simply on the basis of his physical appearance and manner of dress. Zimmerman was angry about those other criminal types, also black males, who had committed crimes in that housing complex but who had eluded the police in the past, and he was determined not to let that happen with this one. That mind-set, and the underlying emotional
enmity toward this particular black male, who represented an entire group for Zimmerman, fueled and motivated
everything Zimmerman did after targeting Martin as a criminal type--including shooting him.
So, animus toward a victim can definitely be an element of second degree murder in Florida,. The state may well argue that, on the basis of racial profiling, which caused him to see Martin as a member of a criminal group he felt particular animosity toward, that enmity toward Martin was a factor in this killing and a factor in everything that Zimmerman did that led up to it.
Can you admit you were wrong, oralloy? Or, as usual, will you cling to your delusion that you are infallible?