lesser charges??? what?

[Dink]

Apparently it happens every day, but I don't see this as right.

If you charge someone with 2nd degree murder and you can't prove it, why can you THEN decide to put forth lesser charges (manslaughter, assault)?


Makes no sense to me!

[Montauk17]

I could not agree more

[DA COVE]

Just trying to get a conviction.. And it's usually easier to get the lesser conviction. Looks good on there scoreboard..

[LPfishnTIM]

because, you can't charge them for same crime twice! once your found not guilty of a higher crime, the prosecution can charge for a lesser crime if they have the evidence to convict you. Even if someone comes up with convincing evidence of 2nd degree murder after the court finds someone not guilty the evidence no longer matters for that crime. In todays world losing a civil suit of wrongful death ruins someone's life a lot more then a man slaughter charge.
say for instance your rob someone, threaten them and kill them in any other state, you get charged for 1st degree murder, In LA you get charged for robbery, assault, and 1st degree murder. we have civil law here, where you get charged for the highest crime you committed and all lesser crimes you commited at the same time, other states you have common law, where you just get charged for the highest crime you commit and then they hope it sticks, if it doesn't you get charged with the lesser crimes after the trial ends.

[Matt G]

I believe the legal term is "throwing $h!t at the wall and hope something sticks." With the way the liberal media outlets are talking, I'm surprised they didn't have a charge for disobeying a lawful order for not taking the DISPATCHERS ADVICE.

[Dink]

Disnt know dispatchers were cops

[Matt G]

Exactly. But ol Al Sharpton swears he disobeyed a direct lawful order and illegally hunted down the poor baby Treyvon. His and others like Anderson Coopers stupidity is why I watch the news on Fox. It seems like everyone there is a freaking attorney and has meaningful
commentary. Even the ones who think GZ is guilty can better communicate their stance than the feel good rhetoric of all the other news channels.

[swamp snorkler]

[BIGV]

Run down anyone in my neighborhood with my pistol on my side under suspicious circumstances! Especially if we had a rash of break-ins and there is no dispatcher gonna tell me different! Time for people to stop bowing down and take a stand for what's right!

[Loneshark]

What I don't agree with is that the lesser charge will carry the same sentence and the jury will not know that.

[BIGV]

I heard where Judge Alex says that manslaughter in Florida carries a 25 to life sentence. Hope the jurors are hung on a verdict or just aquit the guy instead of just picking a lesser charge thinking its better.

[Slidellkid]

Maybe I can explain this.

Lesser charges inherently have the some, but not all, of the same elements of a superior, more aggregious crime. Elements of a crime are the requirements needed to prove that specific crime...it's kinda like following a recipe, you have to have all the ingredients or else you don't have the dish.

For instance, First Degree murder ususually requires an intentional killing plus premeditattin or a plan, to do it ahead of time. The reason it's the worst kind of murder is because you planned it, and even if you were mad, because you had time to plan it, you also had time to cool off. The plan is usually proven by showing that the guy went and purchased a rope to tie the victim up, some tape and a gun or things of this nature.

On the other hand, second degree murder is an intentional kiling without a previously thought out plan....such as killing the dude you find your wife in bed with.

Here is how a state might charge a guy for killing a dude sleeping with his wife with first degree murder. Lets say he suspected her of fooling around. He tells her that if he ever catches her with anyone he will kill the dude. He then goes out and buys a gun after he suspects her cheating. He repeatedly tells her he knows she is cheating and she is going to get her "new man" killed if she does not stop. He comes home to find them in the bedroom and kills the dude. Now, did he plan on killing the guy, or was it in the heat of passion.

The state could potentially (but probably woudn't) charge first degree murder. If they did decide to charge First degree murder because of the comments made and the potential for premeditatin, they will have to prove he had a plan and took some actions in furtherance of the plan. At trial the state has to prove the premeditation, if they fail to do so, we still have a murder, just without premeditatio and in that event the defendent would be guilty of the lesser offense of second degree murder be found guility of the lesser offense of second degree murder - intentionally killing someone, but without premeditation.

States cannot go back at a later date and try a person for a lesser charge. They have to charge their case at one trial. A judge can instruct a jury that they can find a person guilty of a lesser charge if they don't believe the charge brought by the state has been proven.

["W"]

[swamp snorkler]

SlidellKid you, think he's going to be convicted?

[Matt G]

Originally Posted by swamp snorkler

SlidellKid you, think he's going to be convicted?

I know the question was not directed towards me, but with this circus now, I think the judge will allow the 3rd degree and he will be convicted. She is doing everything within her power to appease the masses.

[swamp snorkler]

That's what it seams like, pretty much a circus now. I only watched a couple days but from Zimmermans Lawyer just said with the time frame and all that tied into FL laws i just don't know..... its all on the jury and what they thinking.

[Slidellkid]

I have not been watching - it would only pizz me off and I have enough stuff on my plate to worry about. I have been following the news though. Here is what I think - if there are any black females on the jury they will probably vote guilty, but I doubt all the others will join in. I am sure the judge wants some sort of conviction so her house does not get burned down; however, it is real hard to get 12 women to agree on anything and I think there will be a hung jury.

[Matt G]

Originally Posted by Slidellkid

I have not been watching - it would only pizz me off and I have enough stuff on my plate to worry about. I have been following the news though. Here is what I think - if there are any black females on the jury they will probably vote guilty, but I doubt all the others will join in. I am sure the judge wants some sort of conviction so her house does not get burned down; however, it is real hard to get 12 women to agree on anything and I think there will be a hung jury.

I may be mistaken, but I think it's only a jury of 6. 5 whites and 1 hispanic. 5 of which are mothers and there are gun owners included. This will be interesting to say the least.

[Slidellkid]

That may be, some states have smaller juries. I have not been watching and don't know what the jury looks like. I hope he goes free regardless of the rioting. I am tired of walking on egg shells for thugs.

[Msucowpoke51]

It's such BS that they can switch to a lesser charge all of a sudden because they feel they going to lose .. They charged him with murder .. Now they want to crawfish out cause they losing .. I could see pursuing a lesser charge before trial starts but not after the trial starts and especially after the defense has rested it's case