Justice for Trayvon? Time will tell.

Posted April 11th, 2012 by Leah R with No Comments
Today Special Prosecutor Angela Corey decided to file second degree murder charges against George Zimmerman in the death of young Trayvon Martin.  The threshold issue that will no doubt continue to be litigated is whether Zimmerman was within his right in Florida to shoot Martin out of self defense.  This issue will be decided in part on who was the aggressor, amongst other things mentioned in my prior blog.  Second degree murder is a first degree felony considered a “life felony” punishable by a maximum of life imprisonment with a minimum mandatory 25 year prison term should one be convicted.  As this is not a capital case based on the second degree murder charge, Zimmerman will be entitled to a bond.  Based on the fact Zimmerman turned himself in, he will likely not be considered a flight risk and will be awarded a bond.
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The pertinent portions of Florida Statute involved are found in 782.04(2) and defines a second degree murder charge as:
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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. 775.084.
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With this announcement, it is now clear why Special Prosecutor Angela Corey elected to forego the grand jury process of seeking an indictment.  Though a grand jury proceeding involves only evidence presented from a prosecutor’s office, this case was one that cut very close to the line.  No doubt Corey wanted to avoid a “no bill”  handed down from a grand jury, thereby shutting her effort down before it could start.  In filing against Zimmerman via “information,” Corey held all the cards and could ensure that a charge would be brought.
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Welcome to the second coming of the Casey Anthony case ladies and gents.  No doubt this case will have just as much press attention, jabber jawing by Nancy Grace, and proclamations by Jesse Jackson and Al Sharpton.  Angela Corey’s office has a tall task ahead of them, as does Zimmerman’s counsel.  This one’s going to be interesting!

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