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Trayvon Martin Case

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Old 03-28-2012, 10:49 PM   #10
JoeRedskin
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Re: Trayvon Martin Case

Quick primer on the degrees of murder - First degree murder is traditional murder - felony murder & pre-meditated murder. Second degree murder is simply Murder 1 with an imperfect defense (such as asserting self defense with deadly force when you had no right to use it) or, alternatively, death caused by gross negligence and reckless disregard for others (think firing a gun into a crowded room - you may not have intended to kill anyone, but you damn well should have known you were likely to do so). Manslaughter is simply the negligent/accidental killing of another.

Generally, the distingushing feature between second degree murder and manslaughter is that, in Murder 2, you admit to the intentional killing of another but wrongly assert you had the right to do so. In manslaughter, however, you deny that you intended to kill the person and assert it was an accident. In this case, Zimmerman has said "I killed him in self-defense." Meaning that he intended to kill Martin and that the death was not accidental. As a result, it would appear to me that the State is stuck with 2nd degree murder or nothing.
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