Re: Zimmerman case
He was actually charged with 2nd degree murder and manslaughter as a lesser included offense, and yes, I think the prosecution did hurt itself by overreaching with the charges. In essence, if you bring a gun to a fistfight and you start getting your ass kicked and you ramp it up by whipping out a gun and start shooting and someone dies as a result, that's manslaughter in most jurisdictions. Having to argue for murder 2 and the more culpable state of mind that accompanies it is a tough sell on these facts, though, and I think it hurt the prosecution's credibility. If they had just focused upon manslaughter, it makes it a lot easier for the jury to jump on board.
He was actually charged with 2nd degree murder and manslaughter as a lesser included offense, and yes, I think the prosecution did hurt itself by overreaching with the charges. In essence, if you bring a gun to a fistfight and you start getting your ass kicked and you ramp it up by whipping out a gun and start shooting and someone dies as a result, that's manslaughter in most jurisdictions. Having to argue for murder 2 and the more culpable state of mind that accompanies it is a tough sell on these facts, though, and I think it hurt the prosecution's credibility. If they had just focused upon manslaughter, it makes it a lot easier for the jury to jump on board.
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