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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsThe elements of 2nd Degree Murder in Florida
Just so we're all clear on this, here are the elements of a 2nd degree murder charge in the state of Florida. These are the three elements that the prosecution has to prove beyond a reasonable doubt:
1.The victim is dead;
2.The death was caused by the criminal act of the defendant;
3.There was an unlawful killing of the victim by an act imminently dangerous to another and demonstrating a depraved mind without regard for human life.
(Enquiring minds like to know!)
darkangel218
(13,985 posts)Honeycombe8
(37,648 posts)that TM did not start the fight. They could go either way on that, I think, based on what I've seen of the evidence (but I haven't seen everything).
yardwork
(61,712 posts)Personally I think there was premeditation but I'm willing to go with second degree.
fleur-de-lisa
(14,628 posts)bike man
(620 posts)comes back with the verdict how well the prosecution does:
"These are the three elements that the prosecution has to prove beyond a reasonable doubt:"
dkf
(37,305 posts)Very interesting and instructive.
Guy had been beaten in a fight. Went to get a gun. The attackers came back and started beating him. Guy gets his gun and kills them both. No ill will.