IlarMeilyr
Liability Reincarnate!
(2) The unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual, is murder in the second degree and constitutes a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084.
^ that is the STATUTORY provision. Statutes & Constitution :View Statutes : Online Sunshine
As AyeCan'tSeeYou just demonstrated in his above [ http://www.usmessageboard.com/7482426-post6883.html ] (his second second link), the charge from the prosecutor tracks that statutory language with a few minor differences.
So the charge is PLAINLY seen to be a charge of something OTHER than "intentional" murder.
That being so, the lesser of manslaughter is available.
See the instructions under 782.04(2) at Statutes & Constitution :View Statutes :->2012->Chapter 782 : Online SunshineLesser Included Offenses
SECOND DEGREE (DEPRAVED MIND) MURDER — 782.04(2)
CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO.
And, as to the charge of manslaughter, the defense of "justification" IS available.
Statutes & Constitution :View Statutes : Online Sunshine782.02 Justifiable use of deadly force.—The use of deadly force is justifiable when a person is resisting any attempt to murder such person or to commit any felony upon him or her or upon or in any dwelling house in which such person shall be.
To further pursue that thought, and contrary to the ignorance of Gatsby, the manslaughter section of the law provides:
782.07 Manslaughter; aggravated manslaughter of an elderly person or disabled adult; aggravated manslaughter of a child; aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic.—
(1) The killing of a human being by the act, procurement, or culpable negligence of another, without lawful justification according to the provisions of chapter 776 and in cases in which such killing shall not be excusable homicide or murder, according to the provisions of this chapter, is manslaughter, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) A person who causes the death of any elderly person or disabled adult by culpable negligence under s. 825.102(3) commits aggravated manslaughter of an elderly person or disabled adult, a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) A person who causes the death of any person under the age of 18 by culpable negligence under s. 827.03(2)(b) commits aggravated manslaughter of a child, a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
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Wow. How about that. If you HAVE justification, it aint manslaughter, either. SO, manslaughter is an available defense.
Subdivision (3) upon which Gatsby rests his hat is inapplicable to Zimmerman because Zimmerman is not alleged to have acted with culpable negligence under 827.03(2)(b) which says:
-- Statutes & Constitution :View Statutes : Online Sunshine(b) A person who willfully or by culpable negligence neglects a child and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the child commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
I don't think Zimmerman was a babysitter and nobdy said he neglected Trayvon Martin.
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