Florida manslaughter crime defined MANSLAUGHTER To prove the crime of Manslaughter, the State must prove the following two elements beyond a reasonable doubt: 1. Trayvon Martin is dead. 2. George Zimmerman intentionally committed an act or acts that caused the death of Trayvon Martin. George Zimmerman cannot be guilty of manslaughter by committing a merely negligent act or if the killing was either justifiable or excusable homicide: Each of us has a duty to act reasonably toward others. If there is a violation of that duty, without any conscious intention to harm, that violation is negligence. The killing of a human being is justifiable homicide and lawful if necessarily done while resisting an attempt to murder or commit a felony upon George Zimmerman, or to commit a felony in any dwelling house in which George Zimmerman was at the time of the killing. The killing of a human being is excusable, and therefore lawful, under any one of the following three circumstances: 1. When the killing is committed by accident and misfortune in doing any lawful act by lawful means with usual ordinary caution and without any unlawful intent, or 2. When the killing occurs by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation, or 3. When the killing is committed by accident and misfortune resulting from a sudden combat, if a dangerous weapon is not used and the killing is not done in a cruel or unusual manner. In order to convict of manslaughter by act, it is not necessary for the State to prove that George Zimmerman had an intent to cause death, only an intent to commit an act that was not merely negligent, justified, or excusable and which caused death. If you find George Zimmerman committed Manslaughter, and you also find beyond a reasonable doubt that during the commission of the Manslaughter, George Zimmerman carried, displayed, used, threatened to use, or attempted to use a firearm, you should check the appropriate box on the verdict form which I will discuss with you later in these instructions. Second degree murder defined (Florida) SECOND DEGREE MURDER To prove the crime of Second Degree Murder, the State must prove the following three elements beyond a reasonable doubt: 1. Trayvon Martin is dead. 2. The death was caused by the criminal act of George Zimmerman. 3. There was an unlawful killing of Trayvon Martin by an act imminently dangerous to another and demonstrating a depraved mind without regard for human life. An “act” includes a series of related actions arising from and performed pursuant to a single design or purpose. 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. In order to convict of Second Degree Murder, it is not necessary for the State to prove George Zimmerman had an intent to cause death.
Posted on: Sun, 14 Jul 2013 10:35:54 +0000
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