Teenager shot/killed while Tweek's hero gets off free

[Valisk]

Everyone and their mom is saying that 2nd degree murder is a stretch unless there is some pretty substantial evidence that we don't know, to the extent that it might get dismissed before it even goes to trial.

I suspect it will go to trial but he will end up either found innocent or with a light sentence. They should have gone with Manslaughter.

The defense can file a motion for the jury to be instructed/granted permission to consider a lesser charge of manslaughter, before deliberation, depending on the facts of the case.

[Dantrag]

Do they think there will be a plea-bargain?

[Ragnus]

http://www.flsenate.gov/Laws/Statutes/2011/782.07

Actually, since Trayvon was under 18, manslaughter in this case is still a first degree felony according to Florida law which is punishable by life in prison.

[Valisk]

Florida also doesn't distinguish between voluntary and involuntary manslaughter. Punishment aside, I think the nature of the crime fits the manslaughter letter of the law more than it does murder.

[Dimmauk]

Everyone and their mom is saying that 2nd degree murder is a stretch unless there is some pretty substantial evidence that we don't know, to the extent that it might get dismissed before it even goes to trial.

I suspect it will go to trial but he will end up either found innocent or with a light sentence. They should have gone with Manslaughter.

Even trayvon's mom thinks it was an accident.

[Sera]

http://www.nytimes.com/interactive/2...on-martin.html

Interactive feature in NYT

[Milkster]

Lost it at "You got me." Really????

[Eurell]

Lost it at "You got me." Really????

Holy fuck I was just gonna say this. Laughed way too fucking hard.

[Salodin]

They will probably argue his racist remarks, along with disobeying authority orders to stand down and carrying a weapon who's only purpose is to kill, justifies the murder charge. Should have known the consequences of his actions.

[Sera]

isn't that what everyone says when they get shot in the chest? AHHH YA GOT MEEEEE

[Chun Liroy]

looooooool

[ronin sparthos]

Even trayvon's mom thinks it was an accident.

She changed her tune.

[Lucavi]

Time has gone by and her feelings have been allowed to settle. She's most likely had a lot of time to think about it from a mature aspect and has tried to look at the situation rationally. Plus, the guy is now locked up; the hardest part of what she was trying to get accomplished has been accomplished. She's going to be a much calmer individual from here on out. Hopefully a lot of the rhetoric will be toned down from both sides (more-so from the supporters and not the family, as the Martin family has handled this very well for a group that had their son shot in cold blood).

[Dimmauk]

The body language of the lawyer when she says she thinks he is innocent is hilarious. He literally grabs the chair arms like he was shitting his pants.

[quannum]

Second-degree murder is ordinarily defined as 1) an intentional killing that is not premeditated or planned, nor committed in a reasonable "heat of passion" or 2) a killing caused by dangerous conduct and the offender's obvious lack of concern for human life. Second-degree murder may best be viewed as the middle ground between first-degree murder and voluntary manslaughter.

For example, Dan comes home to find his wife in bed with Victor. At a stoplight the next day, Dan sees Victor riding in the passenger seat of a nearby car. Dan pulls out a gun and fires three shots into the car, missing Victor but killing the driver of the car.

yep, sounds about right for this case.

[Dimmauk]

Hilarious example. As a Dan, I am disapoint at him waiting till the next day to kill Victor.

[quannum]

i'm no lawyer, but it's the next day in the example to bypass the "heat of passion" argument for manslaughter.

[Dantrag]

i'm no lawyer, but it's the next day in the example to bypass the "heat of passion" argument for manslaughter.

I also thought that anything beyond that moment would not be considered "heat of passion". But also no lawyer.

[Valisk]

yep, sounds about right for this case.

Voluntary manslaughter is a form of homicide that involves the intentional killing of another person in the heat of passion, after provocation or in imperfect self-defense. Unlike murder, there is no malice aforethought involved in voluntary manslaughter, and no premeditation. Voluntary manslaughter occurs when someone intentionally kills another person, but acts in the moment with no prior malice.

I thought of manslaughter for this very reason.

I wonder how this is going to play out and if there will be a change in venue. Not that that matters because the entire country is aware of what has happened. This is going to be the most tainted jury pool since O.J. Simpson. And we all know how that turned out...

[quannum]

the defense will argue one of these.

the heat of passion, after provocation or in imperfect self-defense.

the prosecution will argue this.

a killing caused by dangerous conduct and the offender's obvious lack of concern for human life.

it will be up to the judge/jury to decide guilty/not guilty if the latter applies.