@Erimitus Said
Second degree murder in the state of Florida is either when 1. a person commits murder with a depraved mind or 2. accomplish felony murder.
E: I see. I tried to Google it but without success. In general Second degree murder seems to be non-premeditated but it also seems to be different in every state.
E: All murder, to me, seems depraved and all murder, as I understand it, is a felony. The terms must mean something specific that the lawyers understand.
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In this case, the special prosecution feels as though they have enough evidence to prove this was a murder committed with a depraved mind.
E: Maybe the prosecution charged Zimmerman with murder in the hope that he will plea bargain down to a lesser crime.
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This means they feel evidence will show beyond a shadow of a doubt that Mr. Zimmerman did plan the murder of Mr. Martin but killed him in a way that was imminently dangerous to another and evincing a depraved mind showing no regard for human life.
E: There may be some evidence that has not been made public. If there is a trial it may all depend on whether the jury believes Zimmerman’s version or the girlfriend’s version.
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Under Stand Your Ground law, you have a right not to retreat but to stand your ground and use deadly force. However, if you are the aggressor in the situation, you can't then use deadly force and claim Stand Your Ground.
E: You know a lot more about it than I do. If I understand you correctly if I attack a person that person can defend themselves with deadly force but if they defend themselves with deadly force I cannot use deadly force to defend myself. Very complex if you ask me. Glad I will not be on the jury. When I first heard about the case a few weeks ago my reaction was that it was another case of overuse of the race card and I would, if on the jury, have to vote acquittal due to reasonable doubt. Now that I have read a little about the case there are unexplained inconsistencies. (e.g. girlfriend story vs. Zimmerman story) It keeps getting curiouser and curiouser as the saga continues.
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This is what the prosecution is alleging. That Mr. Zimmerman was the aggressor that evening. This is not Stand Your Ground if those allegations can be proven.
E: Key word here is ‘IF’.
E: Meanwhile Trayvon is in a box somewhere peacefully decomposing.
Yes, you have it correct. If you attack me, the law allows me to not have to retreat but to use deadly force if I feel its necessary. However, if you attack me and do not know I have a black belt in karate(I do not, just for example) and I defend myself and now you are getting the worse of the beating you started, you can't shoot me and use Stand Your Ground.
It could be possible this is dismissed before he needs to take a plea deal, if one is offered. He has a Stand Your Ground hearing coming up and the judge can find it meets the critieria and he can walk out a free man. I do not see him taking a plea, but it could happen. If it goes to trial, that will happen probably a year from now.
Yes, there is a lot of evidence that has not been made public. The prosecution has to turn over everything they have to the defense but there is a lot we are not privy to as for evidence.