@Thomas,
Zimmerman has been charged with second degree murder--as Florida law defines it.
I posted this before, I'll post it again. No point discussing the law unless there is agreement on what the law says--in Florida.
This is how the police report classified Zimmerman's actions the night of the shooting--"an unnecessary killing to prevent an unlawful act"--manslaughter.
So, even if Zimmerman acted in self defense in trying to fight with Martin, the use of deadly force might not have been justified--and he, therefore, committed an unnecessary killing. And this was the initial conclusion of the police, the night of the shooting, after their preliminary investigation, after listening to Zimmerman's account, and after taking note of Zimmerman's injuries--that's why the lead invesigator recommended to the state attorney that Zimmerman be arrested and charged with manslaughter.
When he was finally arrested, he was charged with murder in the second degree.
What appears unsupported in the state's affidavit of probable cause, to justify their charge of second degree murder, is proof that Zimmerman "evidenced a depraved mind". It remains to be seen whether they can produce evidence of that. But, even many legal experts, who feel the state may have overreached with a second degree murder charge, seem to feel that a charge of manslaughter would be warrented, given the circumstances of this homicide.
Quote:
Overview of Florida Voluntary Manslaughter Laws
Florida state laws establish the criminal offense of manslaughter when a homicide, the killing of a human being, does not meet the legal definition of murder. Manslaughter, unlike murder, does not require evidence of the defendant's premeditation or "depraved mind" with disregard for human life; instead, the state requires proof of either voluntary manslaughter or involuntary manslaughter.
Voluntary manslaughter describes a homicide intentionally committed while in the midst of a provocation. The prosecutor must show a sudden, unexpected event or circumstance serving as a provocation. As a result of the provocation, the defendant must have felt a temporary anger, heat of passion, or emotion that immediately resulted in an intent to kill or an intent to commit the act that resulted in the victim's death.
Example: The discovery of a spouse's adultery is a commonly recognized provocation that may serve as the basis for a manslaughter charge. However, if a period of time lapses between the discovery and the homicide, the state might be able to establish premeditation or a depraved mind sufficient to charge the defendant with murder instead of manslaughter.
Example: A verbal insult or verbal abuse might not qualify as provocation to reduce a charge from murder to manslaughter, because the verbal insult might not sufficiently inflame the defendant to a heat of passion as defined by law.
Besides establishing the provocation and the defendant's intent, the prosecutor must also establish the defendant's act as the cause of the victim's death.
http://law.findlaw.com/state-laws/voluntary-manslaughter/florida/
Quote:
Overview of Florida Involuntary Manslaughter Laws
When a homicide, the killing of a human being, does not meet the legal definition of murder, Florida state laws allow a prosecutor to consider a manslaughter charge. The state establishes two types of manslaughter: voluntary and involuntary. While voluntary manslaughter describes an intentional act performed during a provocation or heat of passion, involuntary manslaughter does not require an intent to kill or even an intent to perform that act resulting in the victim's death.
To establish involuntary manslaughter, the prosecutor must show that the defendant acted with "culpable negligence." Florida statutes define culpable negligence as a disregard for human life while engaging in wanton or reckless behavior. The state may be able to prove involuntary manslaughter by showing the defendant's recklessness or lack of care when handling a dangerous instrument or weapon, or while engaging in a range of other activities that could lead to death if performed recklessly.
Example: If the defendant handles a loaded gun without any knowledge of whether the gun is loaded, and he later discharges the gun into a group of people, the defendant's actions likely meet the recklessness requirement for a charge of involuntary manslaughter.
Florida state laws also establish involuntary manslaughter if the prosecutor shows that the defendant used excessive force during self-defense or the defense of another person. The prosecution and defense can look at the facts and circumstances of the killing to determine whether the defendant reasonably believed that self-defense was necessary; if not necessary, the state might proceed with an involuntary manslaughter charge.
Defenses to Involuntary Manslaughter Charges
•Justifiable use of deadly force to defend against a felony committed against a person or property
•Excusable homicide committed by accident -- for this defense in an involuntary manslaughter case, the defendant must show that she acted without recklessness qualifying as culpable negligence
http://law.findlaw.com/state-laws/involuntary-manslaughter/florida/
While the state might have difficulty proving second degree murder, they may have considerably less difficulty convincing a judge and/or a jury, that the death of Trayvon Martin was an act of manslaughter committed by George Zimmerman.
