Chronos wrote:
I'm not sure if Treyvon Martin is a victim of murder or unfortunate circumstances, however, either way, George Zimmerman is a victim of an irresponsible media, and an angry populace. I believe it will be very difficult for this man to get a fair trial, and I fail to believe a not guilty verdict won't start a riot.
Additionally, in light of the evidence that I'm aware of, provided my information is accurate, I don't see what ground prosecutors would have for a charge beyond manslaughter, but I suppose that will be revealed during proceedings.
I certainly think that Zimmerman has been subjected to trial by media--but that was largely due to the police decision to prejudge the issue of self-defence. Police must, of course, exercise professional judgement--but that judgement should not infringe upon the discretion of the prosecutor. When a prosecutor says, "I don't have enough evidence to secure a conviction," I am much less disturbed than when the police foreclose the possibility of prosecution. Zimmerman would still be the subject of scrutiny had the police acted other than as they did. But the anger, I suggest, would have been less.
As for the charge, however, I disagree with you. Manslaughter is not a substitute charge for murder to indicate sympathy for the accused (although a jury is free to treat it so). Legally, manslaughter is homicide in which the
mens rea for murder is not present. There seems little question that Zimmerman intended to pull the trigger and intended to cause harm in so doing. If proved, that is enough to form the
mens rea for second degree murder. This is not a circumstance (so far as I am aware) in which his mental capacity was diminished and I have heard nothing to suggest that he could not form the intent required. If the defence can aver evidence of diminished capacity, though, it is open to the judge to direct an acquittal on murder and leave only the question of manslaughter to the jury.
Self-defence does not reduce murder to manslaughter--self defence is a complete defence to either charge, if it is proved.
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--James