dagblog - Comments for "Official: Charges coming in Trayvon Martin death"

How come they talk about

PeraclesPlease — Thu, 12 Apr 2012 10:16:42 +0000

In reply to NCD is correct about the

How come they talk about manslaughter with a gun?

http://law.findlaw.com/state-laws/involuntary-manslaughter/florida/

I think you're confusing committing *another* crime while handling a gun.

For example, robbery. Then the charge goes up.

When the crime *is* the shooting, how does it go up?

It would be hard to say Zimmerman approaching Martin is a crime, unless you can prove assault and battery.

NCD is correct about the

trkingmomoe — Thu, 12 Apr 2012 06:33:35 +0000

In reply to I thought the prosecutor

NCD is correct about the statute. It has to be second degree murder when it involves a gun. I hope they keep the trial on the east side of the state and don't bring it over to the Tampa bay area. The Casey Anthony trial picked the jury from here and sequestered the jury in Orlando. It is something to.watch.for as they go to trial.

BMaz at EmptyWheel was also

PeraclesPlease — Thu, 12 Apr 2012 05:17:08 +0000

In reply to I thought the prosecutor

BMaz at EmptyWheel was also astounded at the 2nd degree murder charge rather than manslaughter - thinks it will be difficult.

Here's his original post explaining where he thought the prosecutor was going,

http://www.emptywheel.net/2012/04/11/why-florida-is-charging-zimmerman-d...

plus his reference to a great explanation at Volokhian Conspiracy of what Stand Your Ground is (hint: it's far from what we seem to assume)

http://volokh.com/2012/03/27/floridas-self-defense-laws/

I did read that, double A.

Michael Maiello — Thu, 12 Apr 2012 03:27:47 +0000

In reply to I am going to refrain to

I did read that, double A. But thanks for reminding me to apply it. :)

It may be the "if a firearm

NCD — Thu, 12 Apr 2012 02:37:05 +0000

In reply to That is apparently in

It may be the "if a firearm is used" part of the Florida law is the OK, let everyone have a gun, but if they use it for crime we will hit them hard, which then magically results in less use of guns by criminals (who are of course, well educated on the legal details of firearm use).

I thought the prosecutor

tmccarthy0 — Thu, 12 Apr 2012 00:28:53 +0000

In reply to My worry is that the

I thought the prosecutor seems a little batshit too Des, only my opinion was formed because she said something to the effect of: "Please keep prayin' for us around the country so we can win our case." Prayer, you'd better more than that with you to win this case.

I have no idea if second degree is over-reach or not, I would love to see the evidence the prosecutor has tho'. I hope her charge sticks.

That is apparently in

A Guy Called LULU — Thu, 12 Apr 2012 00:07:39 +0000

In reply to In Florida. use of a gun

That is apparently in conflict with the self-defense law. My thought when answering though, was that manslaughter was a more appropriate charge based on what I think I know about the case with enough confidence to vote for conviction if I was on a jury. Of course if I was on a jury and heard all the evidence that is actually available I might go further one way or the other.

I am going to refrain to

artappraiser — Wed, 11 Apr 2012 23:42:44 +0000

In reply to My worry is that the

I am going to refrain to opine on that as all I know is from legal TV shows and movies (I include big "trials of the century" as TV shows ) and that this kind of thing is often a tactical choice

Speaking of "trials of the century," didya see the "Three Centuries of New York Scandal" issue of New York Magazine last week? There was a lot of thought provoking stuff in it from guest writers.

This from Nora Ephron, on the Scarsdale Diet Doctor case, really struck me as crystal clear pop-culture wisdom:

This is how it is with great murders: At the very beginning, you know only the basic outline, the tabloid headline on the first-day story; so you have the maximum ability to apply your theories, your insights, your own particular life lessons—in short, your narcissism—to what happened. Every murder is a Rorschach, and the Rorschach is at its most powerful before you know too much, before the inconvenient facts get in the way, before the people involved turn out to be people after all.

Maybe it gives them room to

Donal — Wed, 11 Apr 2012 23:31:09 +0000

In reply to I think so.

Maybe it gives them room to plea bargain.

In Florida. use of a gun

NCD — Wed, 11 Apr 2012 23:30:30 +0000

In reply to I think so.

In Florida. use of a gun apparently precludes charges of manslaughter, it raises the degree:

(Wiki, Manslaughter) - (under Florida statute)....Also, under the 10-20-Life system, if a firearm is used in any way then the penalty will be raised to the next degree.^[4]