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    Posting Addict GloriaInTX's Avatar
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    Default Zimmerman Trial

    What are your thoughts after hearing the opening statements? Based on what they opened with do you think the prosecution will be able to prove 2nd degree murder?

    Defense attorney: Sorry for knock-knock joke | HLNtv.com

    Jurors hear F-bomb, knock-knock joke as George Zimmerman murder trial begins | Fox News
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    Yep!
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    Yes.
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    Can someone please explain the knock knock joke to me?

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    The defense attorney was using that so those that said "Zimmerman who?" would look like they have never heard of him. A really bad joke to show that they've never heard of who he is and are not swayed in their opinions.

    It was bad. Really bad.

    My explanation was probably worse.
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    Posting Addict GloriaInTX's Avatar
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    I think there is a little wishful thinking going on. I don't see how they will possibly be able to prove 2nd degree murder.


    So what is second degree murder?


    Florida's jury instructions (which are based on the Florida statute) spell out three elements that prosecutors must prove to establish second degree murder beyond a reasonable doubt:
    •The victim is deceased,
    •The victim's death was caused by the defendant's criminal act, and
    •There was an unlawful killing of the victim "by an act imminently dangerous to another and demonstrating a depraved mind without regard for human life."

    The last element -- an "imminently dangerous" act that shows a "depraved mind" -- is further defined by Florida's jury instructions. Three elements must be present:
    •A "person of ordinary judgment" would know the act, or series of acts, "is reasonably certain to kill or do serious bodily injury to another";
    •The act is "done from ill will, hatred, spite, or an evil intent"; and
    •The act is "of such a nature that the act itself indicates an indifference to human life."
    George Zimmerman Arrested for 2nd Degree Murder - FindLaw Blotter
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    Does his charge include lesser inclusive charges? For example, could they still find him guilty of manslaughter?

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    Florida's jury instructions (which are based on the Florida statute) spell out three elements that prosecutors must prove to establish second degree murder beyond a reasonable doubt:
    •The victim is deceased,
    •The victim's death was caused by the defendant's criminal act, and
    •There was an unlawful killing of the victim "by an act imminently dangerous to another and demonstrating a depraved mind without regard for human life."

    The last element -- an "imminently dangerous" act that shows a "depraved mind" -- is further defined by Florida's jury instructions. Three elements must be present:
    •A "person of ordinary judgment" would know the act, or series of acts, "is reasonably certain to kill or do serious bodily injury to another";
    •The act is "done from ill will, hatred, spite, or an evil intent"; and
    •The act is "of such a nature that the act itself indicates an indifference to human life."
    1. Any person of ordinary judgment knows that shooting a gun point-blank at another human being *is* going to kill that person.
    2. Stalking and chasing an unarmed citizen -- someone who has a right to be in the neighborhood -- because he happens to be black and wearing a hoodie, and especially when you know the cops are on their way, reeks of nothing but ill will, hated, and evil intent.
    3. Both of the above strongly indicate that Mr. Zimmerman had an indifference to Mr. Martin's human life.
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    Posting Addict GloriaInTX's Avatar
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    Quote Originally Posted by ethanwinfield View Post
    Does his charge include lesser inclusive charges? For example, could they still find him guilty of manslaughter?
    No
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    Posting Addict GloriaInTX's Avatar
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    Quote Originally Posted by Spacers View Post
    1. Any person of ordinary judgment knows that shooting a gun point-blank at another human being *is* going to kill that person.
    2. Stalking and chasing an unarmed citizen -- someone who has a right to be in the neighborhood -- because he happens to be black and wearing a hoodie, and especially when you know the cops are on their way, reeks of nothing but ill will, hated, and evil intent.
    3. Both of the above strongly indicate that Mr. Zimmerman had an indifference to Mr. Martin's human life.
    And you really think they are going to be able to prove that beyond a reasonable doubt?
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