wharfrat
Active Member
- Jul 1, 2011
- 215
- 50
- 28
-- words of Andrew Branca found at 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 . . .
Floridas 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:
a person of ordinary judgment would know is reasonably certain to kill or do serious bodily injury to another, and
is done from ill will, hatred, spite, or an evil intent, and
is of such a nature that the act itself indicates an indifference to human life.
Then look at "manslaughter." Law of Self Defense ? FL 782.07 Manslaughter
"Culpable negligence." That's the key element of "manslaughter."
It's a really BIG problem for the prosecution because if the jury agrees that the intentional acts of pulling out the gun and firing it at the person (TM) was "justified," then it is NOT "negligence" of any stripe or flavor.
Judge Nelson whittled down manslaughter even further this morning. An instruction for voluntary manslaughter (by act) will be given, but not for involuntary (culpable negligence). I'm aware you know the distinction; I just put the proceeding in parentheses to clarify for others.