it's likely that he shot Trayvon out of rage, not fear.

Inadmissible except to impeach. I can't believe that any defense attorney would be stupid enough to open that door.

Is this what's happening?

Hoping at least for manslaughter?

Is Trayvon legally considered a child?

If manslaughter is committed upon a child via culpable negligence under FL statute 827.03(3), then the crime is aggravated manslaughter of a child which is a first degree felony punishable by up to 30 years in state prison.[3] The penalty is the same if it is committed upon the elderly or disabled. Also, under the 10-20-Life system, if a firearm is used in any way then the penalty will be raised to the next degree.[4] http://en.wikipedia.org/wiki/Manslaughter

I suspect that this will be a part of the jury instructions.

Wow ... The stakes just got raised exponentially.

charge (from what I've read, anyway) and that prosecutors would rather go with a lesser charge that has a better chance of getting a conviction. But it would be justice if that IS the charge and if he IS convicted.

Palm Beach County..We're only a little less corrupted than they are in Sanford...

that the jury might consider. It's possible the jury could be allowed to decide on Murder or Manslaughter.

Manslaughter would be basically a lock in this case--Zimmerman's own statement to the cops basically proves he would be chargeable with manslaughter under Florida law. But to up it to second degree murder makes me suspect that the prosecutor is comfortable enough with the physical evidence and/or witnesses that she's sure she can get a conviction.

I've been reading your posts and hope you stick around for those of us who are clueless about the law.

If there was any doubt, I think the prosecutor would have charged with the easier proved manslaughter. If hes being charged with murder2, prosecutor probably is confident of proving it.

...requires that they hqve the grounds and evidence to support a charge before making it.

This is big news. They arent going to divulge all info publicly now. We will have to wait for it to go to trial to have it all brought out. If they are truly wanting a conviction, they would not risk going in with weak evidence.

I believe however that they can at trial decide to reduce charges to manslaughter. They may have also charged him with 2nd to see if they can negotiate a plea bargain down for manslaughter. They also may have charged with 2nd degree to require no bail or higher bail.

...but there's a big gap between having grounds to charge, and being confident that you have enough evidence to win a conviction. In this case, particularly, they'll want to minimize any risk of the guy going free, since after the attempted coverup it's basically also a trial of whether the system works.

She does have the benefit of having all the evidence and has assessed the credibility of witnesses.

Strategy-wise ... she may have charged with the idea of offering a manslaughter deal with beyond the usual time.

I worry that if it's murder or go home, the jury might send him home.

can a jury change the charges and then vote "guilty"?

The DA in the Oscar Grant case here in CA went for Murder 2, but the judge gave the jury other options including Man One and Man Two. I guess the question should whether this is also SOP in Florida.

as a lesser included offense.

Generally, juries can go down; but not up.

Frankly I'm quite surprised. I assumed that if he was charged it would be manslaughter. Prosecution might have a tough road to hoe with second degree murder. This is going to be very, very interesting.

If it had been a lone woman or small child he was stalking at night, and when he finally caught up to them they fought him and were killed, wouldn't that automatically be 1st degree murder?

...but not always.

maybe he shot martin in the back.
and the screams. . .

I think 2nd Degree is the right charge....I also believe that Federal charges for hate crimes will be following soon.

planned to shoot Martin.

I think the charges came down correctly.

first degree would have to be premeditated, while 2nd degree requires a confrontation and a fight beforehand, and the murderer usually commits the act in passion.

Murder One. This is Murder Two or Aggravated Manslaughter, if Florida has it. If convicted, ole George will be getting his three hots and a cot from the state for a long time either way.

and if so, the jury could convict him of that even if it turns out the state can't prove 2nd degree murder (intent without premeditation).

Jury can always come back with a lesser included offense, such as manslaughter.

of course that could be an issue if he is granted bail, but apparently he turned himself in.

I really did think it would be, at best, voluntary manslaughter even though I always believed it was murder. The evidence must be quite clear, imo, for the charge of 2nd degree murder to be levied.