pioneerpete
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- Jun 26, 2013
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Getting to Murder 2: Finding George Zimmerman?s ?Depraved Mind?
Florida defines murder in the second degree as:
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 . . .
Florida’s standard jury instruction for murder 2 notes that:
An act is “imminently dangerous to another and demonstrating a depraved mind” if it is an act or series of acts that:
1.a person of ordinary judgment would know is reasonably certain to kill or do serious bodily injury to another, and
2.is done from ill will, hatred, spite, or an evil intent, and
3.is of such a nature that the act itself indicates an indifference to human life.
Notice step 2. Under Florida law the mere fact that an armed man kills another who is unarmed does not prove a “depraved mind” (Poole v. State, Bellamy v. State, and Light v. State). Typically, the prosecution proves “ill will, hatred, spite, or an evil intent” through evidence of a long-standing grievance or some unusually wrongful or aggressive conduct on the part of the attacker.
Florida defines murder in the second degree as:
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 . . .
Florida’s standard jury instruction for murder 2 notes that:
An act is “imminently dangerous to another and demonstrating a depraved mind” if it is an act or series of acts that:
1.a person of ordinary judgment would know is reasonably certain to kill or do serious bodily injury to another, and
2.is done from ill will, hatred, spite, or an evil intent, and
3.is of such a nature that the act itself indicates an indifference to human life.
Notice step 2. Under Florida law the mere fact that an armed man kills another who is unarmed does not prove a “depraved mind” (Poole v. State, Bellamy v. State, and Light v. State). Typically, the prosecution proves “ill will, hatred, spite, or an evil intent” through evidence of a long-standing grievance or some unusually wrongful or aggressive conduct on the part of the attacker.