OK I lied (Zimer case)

[knkali]

I thought 3rd Degree Murder was manslaughter. Now I gotta go look up Florida statutes.

Or not. Who cares any more.

The Third Worlding of America accelerates.

John:
"Third worlding of America" is a unique statement to me. Can you expound on that regarding this latest Z case post without racist rhetoric ?

[knkali]

Thank you......Don't know about Florida but in PA: First Degree Murder=Premeditated...Second Degree=In commission of of a Felony...Third Degree=All other classifications of murder/homicide..

So in PA this would have been a 3rd degree case....

[Glock23]

Re: OK I lied (Zimer case)

please lets stay on track here. I posted about the fact that if Z gets off the 2nd degree murder charge, the State has/had/contemplated charging him with lesser charges. This thread isn't about race or what will or wont happen after the verdict. Lets limit to the fact that this sort of thing was or is even possible.

I would think that they can allow the jury to consider manslaughter as a lesser offense as long as he was initially charged with manslaughter as well.

Adding charges now, simply to allow them to be added to the crime(s) being tried for would, in my opinion, be illegal.

I've seen many cases before where someone was being tried for 1st degree murder, 2nd degree murder, manslaughter, etc... but all charges were known at the beginning of the trial.... never seen the issue come up at this point in the trial.

[swilcher7]

So in PA this would have been a 3rd degree case....

It probably would have went with a general charge of Criminal Homicide. Commonwealth has the burden to prove what type of homicide it was. Being it wasn't premeditated or in commission of say a robbery, then it would be 3rd Degree if found guilty. Voluntary or Involuntary Manslaughter..

[Bawanna]

Deleting my post.

I'm suppose to be part of the solution, not part of the problem.

I am a rabble rouser extra ordinaire.

[knkali]

I would think that they can allow the jury to consider manslaughter as a lesser offense as long as he was initially charged with manslaughter as well.

Adding charges now, simply to allow them to be added to the crime(s) being tried for would, in my opinion, be illegal.

I've seen many cases before where someone was being tried for 1st degree murder, 2nd degree murder, manslaughter, etc... but all charges were known at the beginning of the trial.... never seen the issue come up at this point in the trial.

Me too.

[knkali]

But since it was self defense, it's all really moot anyhow.

I'm turning this thing off for awhile so let the firestorms begin.

A cold shower and I'll be immune.

PLEASE no firestorm guys. This is a post regarding procedure only

[knkali]

It probably would have went with a general charge of Criminal Homicide. Commonwealth has the burden to prove what type of homicide it was. Being it wasn't premeditated or in commission of say a robbery, then it would be 3rd Degree if found guilty. Voluntary or Involuntary Manslaughter..

This clearly doesn't seem to apply in FL

[swilcher7]

[QUOTE=knkali;251752]PLEASE no firestorm guys. This is a post regarding procedure only[/QUOTE

Agreed. You were asking questions about the charges, and hopefully they will be answered. Not deciding if he is guilty or innocent.

[swilcher7]

That post quote was terrible on my part!!

[knkali]

That post quote was terrible on my part!!

yeah pretty bad. If you are gonna roll with us you need to work on that.

[swilcher7]

Come on now, I'm trying here!!

[Glock23]

Re: OK I lied (Zimer case)

Come on now, I'm trying here!!

Practice makes perfect.

Unless you're practicing typing.

And your name is jocko......

[swilcher7]

Was getting the hang of it but that last one got away from me!!

[getsome]

Thank God there's somebody else here that can't drive a puter too good, thought I was the only dork here....I feel better now....