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Thanks I didn't know about that, never handled self defense cases.In Texas i suppose he would be talking about this
Anyone can can bring suit sure, but it should be tossed as a summary judgment.
Not sure if FL has an equivalent
Thanks I didn't know about that, never handled self defense cases.In Texas i suppose he would be talking about this
Anyone can can bring suit sure, but it should be tossed as a summary judgment.
Not sure if FL has an equivalent
I really thought you just throw everything remotely applicable at the wall and see what you can get to stick. If the State wants/needs to change it or narrow it down they can redo the charges as an indictment rather than what the charging police officers originally wrote. Not sure if that's correct and/or if its different in Florida.It's kinda like why not charge everyone with first degree murder.
You slapped your wife? MURDERER.
You were caught jacking it in a public restroom? MURDERER.
It just seems absurd that the accuser is allowed to throw shit against the wall like that.
Yeah, I still thought you had to specify a list of specific lesser offenses up front, not just at the end after you've heard the defense's entire case.OK, here's why they can charge that. Homicide is a two part offense that requires a mens rea (mental state) and actus reus (action). If someone kills someone else, its homicide, because of the killing, the actus reus. Punishment is dependent upon the mental state at the time of the offense. Deliberate, planned homicide is generally first degree murder, because there was full out intent to kill, and some serious thought put into it. Second degree murder is lower because it doesnt require planning, only intentionally or knowingly killing someone or causing serious bodily injury that leads to death. This is what Z has been charged with. Then you have manslaughter/murder 3rd degree, which is generally a "sudden passions" crime (so overcome with rage that you killed, but the killing wasn't entirely intentional, and then criminally negligent homicide, which is a nice way of saying a really, really fucked up accident.
Here's the trick. With homicide, a higher charge includes all the lesser offenses. Thus, Murder 2 includes manslaughter, and Criminally negligent homicide, since they are just steps down the mens rea ladder. As prosecutor, if i can prove that sudden passions led to the homicide, but no real intent, then I've proven manslaughter, not murder 2. The point is that a homicide still happened. All we are debating is culpable mental state, and that allows for convictions for lesser forms of homicide than the one charged. That's how lesser included offenses work. Assault and rape are not homicide, so you cant charge murder, since its not the same class of crime.
If I remember the judge basically said that all of that and the phone stuff was not useable as it did not pertain to the case... also at the bottom of a news article.. "Editor's note: George Zimmerman has sued NBC Universal for defamation. The company strongly denies the allegation." heheDid I miss it or did the defense not call any experts in to testify about trayvon martin smoking marijuana within a few hours of the incident and his toxicology report?
Would it be more likely that the evidence deemed inadmissible in criminal court would be admissible in civil court? Specifically, the texts, etc. Or does it not really make a difference?...burden of proof is much different in civil court than it is in criminal court; so it'd be a whole new deal in civil court.
Oh I thought the judge ruled that the toxicology was in because Chairman Bao changed his opinion on it?If I remember the judge basically said that all of that and the phone stuff was not useable as it did not pertain to the case... also at the bottom of a news article.. "Editor's note: George Zimmerman has sued NBC Universal for defamation. The company strongly denies the allegation." hehe