Zimmerman should have been charged with Involuntary Manslaughter.

Posted by OH45458 11 years, 5 months ago to News
21 comments | Share | Flag

Zimmerman should have been charged with Involuntary Manslaughter. The prosecutor failed, because he or she took too big a bite of the apple.

Clearly Zimmerman lacked intent to kill, but it could be argued that he showed recklessness and lack of care in his behavior the evening Trayvon was killed. I believe these facts could have been argued by the prosecution, but instead they went for the Second Degree Murder charge. Even the Manslaughter charge offered by the judge was overstepping, as again, it requires intent. Had Zimmerman emptied his gun into Trayvon, or even fired more than once, then intent might have been provable. But having fired only one shot, I personally doubt he ever had any intent to kill, and I believe it was foolish for the Florida DA to have pursued it.

So had the jury been given the proper choice of Involuntary Manslaughter, vs a death which occurred in the course of self defense, then the outcome would have been far less certain. I believe the jury had no choice but to kind Zimmerman Not Guilty given their choices.
SOURCE URL: http://statelaws.findlaw.com/florida-law/florida-involuntary-manslaughter-laws.html


Add Comment

FORMATTING HELP

All Comments Hide marked as read Mark all as read

  • Posted by DragonLady 11 years, 5 months ago
    Zimmerman was found not guilty in large part because of extreme prosecutorial and judicial misconduct throughout the entire trial. Had he been found guilty, his appeal in all likelihood would have been a slam dunk victory for him.
    Reply | Mark as read | Best of... | Permalink  
    • Posted by Rocky_Road 11 years, 5 months ago
      I suspect that the "misconduct" you refer to is the political intervention spearheaded by the WH and the DOJ. This was immoral, and probably illegal.

      They had to 'shop' for a DA that would try this case, and ignore the Grand Jury that would have said "no way".

      My guess is that the prosecution threw the case purposely, simply because they did not, in their heart of hearts, believe in it. They were willing (read: obligated), however, to stage a show trial to satisfy the Sharptons, and the Jacksons...and to say that they tried to convict. This was all for the public consumption, and meant to sate their appetite for "justice".

      But you can't keep a good race baiter down, so we get to see Obama stir the pot up just before the national protests were to begin....
      Reply | Mark as read | Parent | Best of... | Permalink  
      • Posted by DragonLady 11 years, 5 months ago
        I don't believe this was an attempt to throw the case. I didn't watch the entire trial, but reading about the shenanigans the prosecutor was pulling (and getting away with it thanks to the "judge's" rulings) it was apparent that they were trying VERY hard to rig the evidence. Withholding evidence was one of the more serious tactics used by the "prosecution". One of their biggest mistakes was choosing an all woman jury....we're smarter than a lot of legal types think we are. They were probably thinking that women would more likely have sympathy for Martin's mother (yeah, right) and therefore come in with a guilty verdict. I think the jury saw right through that woman, her performance on the stand wasn't very convincing.
        Reply | Mark as read | Parent | Best of... | Permalink  
        • Posted by Rocky_Road 11 years, 5 months ago
          I'm not quitting my 'threw the case' theory just yet.

          All of the shenanigans you mention were building a perfect case for an appeal by the defense. Just in case that wasn't enough, the judge actually asked Zimmerman if he intended to testify, while the trial was still ongoing: every legal talking head said that this was so wrong, that this verdict would not be the final say, if it went against Zimmerman....

          Every witness for the prosecution ended up helping the defense. They could not have been that stupid, but they could have been that cunning!
          Reply | Mark as read | Parent | Best of... | Permalink  
          • Posted by DragonLady 11 years, 5 months ago
            You may be right, but in any case they did NOT get a conviction. That's the bottom line. One thing trial lawyers learn (or should learn) very early on is that you never know which way a jury is going to go. And at the end, it's always up to the jury, which is why jury selection is one of the most important parts of any trial.
            Reply | Mark as read | Parent | Best of... | Permalink  
    • Posted by LetsShrug 11 years, 5 months ago
      Or maybe he was found not guilty because he's not guilty.
      Reply | Mark as read | Parent | Best of... | Permalink  
      • Posted by DragonLady 11 years, 5 months ago
        Of course he wasn't guilty, that was the reason for the misconduct. The prosecution and the bench were trying every trick in the book to get a guilty verdict, and still couldn't get it. If that isn't not guilty, I don't know what is. Most people have no idea how smart 95% of the juries are and how quickly they can see through legal tricks being used by both lawyers and judges. Our system works when we give it a chance.
        Reply | Mark as read | Parent | Best of... | Permalink  
  • Posted by LetsShrug 11 years, 5 months ago
    Please explain what you mean by "he showed recklessness and lack of care in his behavior the evening Trayvon was killed.".
    Reply | Mark as read | Best of... | Permalink  
    • Posted by 11 years, 5 months ago
      I wasn't saying that "he showed recklessness and lack of care", only that it could be argued by the prosecution. Please read the Florida definition of Involuntary Manslaughter vs Manslaughter. Personally, I think their argument that he intentionally meant to kill Trayvon was a non-starter from the get-go. Why they even attempted it is beyond my comprehension, although I must say that the Florida DAs and AGs are known for overreaching for political reasons. I think that Zimmerman acted as anyone would when being pummeled by an angry aggressor. I just hope he can find his way to a normal life after all the falderal is over.
      Reply | Mark as read | Parent | Best of... | Permalink  
      • Posted by LetsShrug 11 years, 5 months ago
        I did read the definitions. And my conclusion is that they HAD NO case...it should've never gone to trial...and it wouldn't have if not for the race flame fanners. The prosecution went for second degree to make the case look bigger than it was (bigger than zero). I hope Zimmerman can find some peace and a life again too.
        Reply | Mark as read | Parent | Best of... | Permalink  
        • Posted by 11 years, 5 months ago
          I have to disagree. In the case of any loss of life, there should always be a hearing. Even cops have to go on paid suspension while a shooting is judged by their peers.

          George Zimmerman should have been brought before a Grand Jury within a week of the shooting, in all his bruised and battered glory, on a charge of Involuntary Manslaughter. I am confident that the Grand Jury would likely have found there to be insufficient evidence to move forward with a trial. However, and correct me if I'm wrong, at that point jeopardy would have attached, and once the Grand Jury found the evidence lacking to justify a trial, he would have been free and clear.

          Even if they had decided there was enough evidence to move forward to trial, I still think Zimmerman would have been found innocent do to his fear for his life, and that he acted in self defense.

          I think the cops and local DA handled this a little too casually to begin with, thus allowing for the controversy later on.
          Reply | Mark as read | Parent | Best of... | Permalink  
          • Posted by LetsShrug 11 years, 5 months ago
            I disagree... the cops and the DA knew what they were dealing with right at the get go. Hence no arrest. I'm no law expert, but why would you charge involuntary manslaughter? Just because it's the lowest charge? Why charge at all when there's no proof, or probable cause of a charge worthy act. I'm just going at this from a person who supports self defense. If you fear for your life and you're cornered (or being sat on and your heads getting bashed) and have no way out...it's a big fat no brainer and you shouldn't be charged.
            Reply | Mark as read | Parent | Best of... | Permalink  
      • Posted by Rocky_Road 11 years, 5 months ago
        "... although I must say that the Florida DAs and AGs are known for overreaching for political reasons."

        I don't agree with this, and I live in Florida.

        They weren't steering this runaway judicial ship...the WH and Holder were at the helm.

        The true story will surface someday, and Obama's DNA will be all over it.

        This was a planned lynching, and Sharpton was donating the rope.
        Reply | Mark as read | Parent | Best of... | Permalink  

FORMATTING HELP

  • Comment hidden. Undo