Shooting death of Trayvon Martin

[Iangould]

Wasn't one of the issues with this case is that the original prosecutor decided not to press charges before the investigation was complete? And that the original investigation was not handled well?

Personally, based on what I've read so far I would have thought there was a better case for manslaughter than 2nd degree murder but until all the evidence is released, there is no point passing judgment on the legality of Zimmerman's actions. Is it possible in American law for a jury to convict on a lesser charge if they see fit based on the evidence?

1. There has been media coverage that claims the initial decision not to prosecute was opposed both by police detectives who had been on the scene and by staff within the prosecutor's office.

2. Yes, they can choose to convict of a lesser offense but not of a more serious offence so prosecutors tend to lead with the most serious offence they think they have any realsitic chance of getting a conviction on.

[snarkbunny]

1. There has been media coverage that claims the initial decision not to prosecute was opposed both by police detectives who had been on the scene and by staff within the prosecutor's office.

At least to me, that indicates that the case is muddled enough that it should follow due process so that at this stage going to trial makes sense.

2. Yes, they can choose to convict of a lesser offense but not of a more serious offence so prosecutors tend to lead with the most serious offence they think they have any realsitic chance of getting a conviction on.

Thanks, Ian. I knew that was true of Canadian law but I hate making assumptions about other countries' legal systems based on my country's or worse, TV.

[dupont2005]

No. But his arrest in April had him listed at around 185.

But the incident happened in February, and every single source I can find says he weighed 250. Every single one. If you find a contradictory source feel free to post it.

[Slam_Bradley]

Even if Zimmerman does testify, he only has to convince one person on the jury that Martin attacked him. He won't get acquitted, but he can get a hung jury.

The state has to convince all twelve on the jury that Zimmerman attacked Martin.

As probably the only person here who has represented someone charged with murder, I see no problem with the state getting a conviction in this case.

[Matt Algren]

Judge Orders Zimmerman Back To Jail For Lying To Court

Dying to know what the codes were. Maybe they just spelled it out like you do with toddlers?

Turns out I was surprisingly close. Seriously, George and Shellie are just rock stupid.

[Matt Algren]

As probably the only person here who has represented someone charged with murder, I see no problem with the state getting a conviction in this case.

Come on, Slam. You know saying that won't get a rise out of people.

[Kasper Cole]

Don't know why I'm surprised that some people are claiming it's unfair that Zimmerman's wife was charged with perjury. I've seen multiple people claim it's a "witch hunt".

I don't care who you are, if you commit perjury you need to be arrested. Our legal system is flawed enough without people lying under oath.

[Tish-the-Scorpion]

1. There has been media coverage that claims the initial decision not to prosecute was opposed both by police detectives who had been on the scene and by staff within the prosecutor's office.

yeah i thought that's what initially happened from what i remember.

[Tish-the-Scorpion]

Don't know why I'm surprised that some people are claiming it's unfair that Zimmerman's wife was charged with perjury. I've seen multiple people claim it's a "witch hunt". .

that's just people trying to invalidate the case. they think he's being tried due to political pressure.

[worstblogever]

Don't know why I'm surprised that some people are claiming it's unfair that Zimmerman's wife was charged with perjury. I've seen multiple people claim it's a "witch hunt".

I don't care who you are, if you commit perjury you need to be arrested. Our legal system is flawed enough without people lying under oath.

This is pretty much where I'm at. She committed a crime and got caught. The enforcement of the law in this case has nothing to do with the enforcement or lack thereof in her husband's case.

[DonC]

As probably the only person here who has represented someone charged with murder, I see no problem with the state getting a conviction in this case.

Well, you're a lawyer and I'm not. But I don't think they'll get second degree murder. Maybe manslaughter, at best. I just think that with no physical evidence or witnesses, it will be almost impossible to prove beyond a reasonable doubt that Zimmerman attacked Martin. Why would a guy with a gun start a fist fight?

[Iangould]

If Zimmerman created a situation where Martin felt his life was in danger and that he had to use physical force to defend himself then he's liable.

If Zimmerman's behavior rises to the level of a felony then he's guilty of felony homicide.

[worstblogever]

Well, you're a lawyer and I'm not. But I don't think they'll get second degree murder. Maybe manslaughter, at best. I just think that with no physical evidence or witnesses, it will be almost impossible to prove beyond a reasonable doubt that Zimmerman attacked Martin. Why would a guy with a gun start a fist fight?

Because he was a racist paranoid ***hole with a hero complex, perhaps, who overestimated his physical abilities and only used the gun after being humiliated in an attempted physical confrontation?

I mean, similarly, you can ask why Zimmerman had a gun years earlier and decided to commit domestic abuse, rather than shoot her. Or why he tried to assault the cops that other time.

[Winslow]

Well, you're a lawyer and I'm not. But I don't think they'll get second degree murder. Maybe manslaughter, at best. I just think that with no physical evidence or witnesses, it will be almost impossible to prove beyond a reasonable doubt that Zimmerman attacked Martin. Why would a guy with a gun start a fist fight?

Why would a guy with a gun get out of his car and stalk someone in the middle of the night?

[Slam_Bradley]

Why would a guy with a gun get out of his car and stalk someone in the middle of the night?

When, it appears, police dispatch told him not too.

It's not an unreasonable inference for the jury to think he did it in order to get in to a fight with the person he was stalking.