Poll: Trayvon Martin Case

[finder]

Personally I don't think it was race motivated in the sense he wanted to say hurt black people, but I do thin it like was in the sense it helped form his opinion of Trayvon when he began to follow him and called the police. This link is not really significant because it does not matter towards the charge of homicide whether he was racist. He killed a person, he admitted that, the real question is can he in a court of law demonstrate it was self defense.

A charge of homicide assumes premeditation doesn't it?

[truthreality]

A charge of homicide assumes premeditation doesn't it?

No.

[BlackSheep]

A charge of homicide assumes premeditation doesn't it?

In Florida second degree Murder does not require premeditation which is what Zimmerman was charged with.

[finder]

In Florida second degree Murder does not require premeditation which is what Zimmerman was charged with.

I see. Thanks.

[BlackSheep]

I see. Thanks.

Most welcome.

It varies by nation and state and often it is Homicide with caused death during the commission of certain other crimes even if unintended.

[Ken Carman]

In Florida second degree Murder does not require premeditation which is what Zimmerman was charged with.

So what differentiates it from manslaughter in Florida?

[BlackSheep]

So what differentiates it from manslaughter in Florida?

I am not positive of the specifics in Florida, but normally manslaughter is when someone is killed by careless / reckless action or inaction as opposed to 2nd degree murder where the accused what actually trying to kill the person, just without premeditation.

2nd degree murder also often covers the killing of someone while in the commission of some violent crime such as a robbery that would could otherwise end up being manslaughter.

[Trojan_Ripper]

What's the F.B.I. and the main investigators saying now?

[Ken Carman]

I am not positive of the specifics in Florida, but normally manslaughter is when someone is killed by careless / reckless action or inaction as opposed to 2nd degree murder where the accused what actually trying to kill the person, just without premeditation.

2nd degree murder also often covers the killing of someone while in the commission of some violent crime such as a robbery that would could otherwise end up being manslaughter.

OK, now I'm confused. I thought you said in Florida and didn't have to have premeditation? I did know manslaughter usually has to so with the actions (etc.), which is why I feel it is what he should have been charged with.

TR

What's the F.B.I. and the main investigators saying now?

Haven't heard much, though that's not abnormal, pretrial. Unless I've missed...

[lsbskins1]

OK, now I'm confused. I thought you said in Florida and didn't have to have premeditation? I did know manslaughter usually has to so with the actions (etc.), which is why I feel it is what he should have been charged with.

TR


Haven't heard much, though that's not abnormal, pretrial. Unless I've missed...

Manslaughter occurs when death happens without malice or intent. You are speeding in your car on a road next to a school and plow down the crossing guard because you did not have sufficient control of the vehicle at the speed you were traveling. You should have known better than to drive that fast in that area. Your actions led to an unnecessary and preventable death. That is manslaughter. If you intend to kill the victim or kill with malice, that is murder. So, if you shoot or stab or poison someone on purpose, intent "follows" the bullet/blade/poison. If you are whipping your child with a belt or beating them with your fists because you are angry or trying to punish them and they die, you acted with malice, and it is murder even if your intent was not to kill them. These things can happen independently or in tandem.

Martin's death was either 2nd degree murder (Zimmerman shot him, the intent follows the bullet but he did not premeditate the murder) or it was justifiable self-defense (Martin attacked Zimmerman without cause or provocation). Zimmerman didn't hit him with his car while driving too fast, he didn't fire off a bottle rocket in his back yard that flew into Martin's eye socket and exploded. Martin is dead because Zimmerman shot him with intent to kill or cause great bodily harm. It is all a question of whether or not Zimmerman had legal cause to do so. I think all the known and undisputed evidence points to Zimmerman being the initial aggressor in the situation. I know Zimmerman got hit by Martin, but why? As I have stated before, common sense tells me that it is much more likely that the guy who ran at the beginning didn't stop running from Zimmerman until Zimmerman took an action that made continued flight impossible. Being cornered and perhaps grabbed or tackled in an attempt by Zimmerman to stop and detain him, Martin fought, as would almost any human being. Zimmerman, I believe, lost control of the situation he instigated and shot Martin without just cause. That is not manslaughter, it is murder. It is 2nd degree murder because I don't believe Zimmerman started out thinking, "I'll just kill the damn punk/coon (insert whichever you think he said)."

[BlackSheep]

OK, now I'm confused. I thought you said in Florida and didn't have to have premeditation? I did know manslaughter usually has to so with the actions (etc.), which is why I feel it is what he should have been charged with.

I am unsure what you are confused at. I said in Florida 2nd degree murder does not involve premeditation. You can try to kill someone without premeditation. The classic case is in the heat of the moment. The accused becomes angry enough to seek to kill or even to simply beat them so severely that they now there is a risk if death and they die then it is 2nd degree murder because there was no premeditation.

[Ken Carman]

Manslaughter occurs when death happens without malice or intent. You are speeding in your car on a road next to a school and plow down the crossing guard because you did not have sufficient control of the vehicle at the speed you were traveling. You should have known better than to drive that fast in that area. Your actions led to an unnecessary and preventable death. That is manslaughter. If you intend to kill the victim or kill with malice, that is murder. So, if you shoot or stab or poison someone on purpose, intent "follows" the bullet/blade/poison. If you are whipping your child with a belt or beating them with your fists because you are angry or trying to punish them and they die, you acted with malice, and it is murder even if your intent was not to kill them. These things can happen independently or in tandem.

Martin's death was either 2nd degree murder (Zimmerman shot him, the intent follows the bullet but he did not premeditate the murder) or it was justifiable self-defense (Martin attacked Zimmerman without cause or provocation). Zimmerman didn't hit him with his car while driving too fast, he didn't fire off a bottle rocket in his back yard that flew into Martin's eye socket and exploded. Martin is dead because Zimmerman shot him with intent to kill or cause great bodily harm. It is all a question of whether or not Zimmerman had legal cause to do so. I think all the known and undisputed evidence points to Zimmerman being the initial aggressor in the situation. I know Zimmerman got hit by Martin, but why? As I have stated before, common sense tells me that it is much more likely that the guy who ran at the beginning didn't stop running from Zimmerman until Zimmerman took an action that made continued flight impossible. Being cornered and perhaps grabbed or tackled in an attempt by Zimmerman to stop and detain him, Martin fought, as would almost any human being. Zimmerman, I believe, lost control of the situation he instigated and shot Martin without just cause. That is not manslaughter, it is murder. It is 2nd degree murder because I don't believe Zimmerman started out thinking, "I'll just kill the damn punk/coon (insert whichever you think he said)."

I understand the concept of manslaughter. legally, but I thought the poster contradicted themselves. But further reading proved that assumption wrong.