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Trayvon Martin Case

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Old 07-11-2013, 12:57 PM   #11
JoeRedskin
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Re: Trayvon Martin Case

Zimmerman is also being charged with Manslaughter as it is a lesser included charge of murder 2 (Meaning: All the elements necessary to prove manslaughter are included in the original charge or murder 2 and, conversely, all the defenses applicable to Manslaughter are equally applicable to murder 2. As such, the prosecutors is not bringing any "new" charges that must be defended by Zimmerman).

Attorneys are arguing the instructions now (well, this morning). The self-defense instruction will be given. It will not include an instruction that following Martin was a lawful act but the defense is free to tell the jury that in its closing.

I would love to see the final version of the jury instructions. It sounds as if the judge is following the pattern instructions with some modifications. In my experience, most judges don't like to vary from the pattern instructions as they are generally developed by the appellate courts with existing caselaw in mind and, as such, their language is generally considered "appeal proof".
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