George Zimmerman Should Not Be Tried For Second-Degree Murder

April 12, 2012 at 2:35 am Leave a comment

As reported in almost every news outlet today, George Zimmerman was charged with the second-degree murder of Trayvon Martin.   Let’s look at some statues related to the Travon Martin case

The second-degree murder law is shown below (ref; Chapter 782.04((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. 775.08″

The other charge that could be brought aganist George Zimmerman is Aggravated Manslaughter of a Child (Chapter 782.07(3)

”  (3) A person who causes the death of any person under the age of 18 by culpable negligence under s. 827.03(3) 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.”

In my opinion, it was culpable negligence rather than “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” as stated in Chapter 782.04(2).  Therefore, I believe that the subject case should be prosecuted as aggravated manslaughter of a child.  I believe that a jury would agree with my analysis of the case and therefore, render George Zimmerman guilty of aggravated manslaughter of a child.

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