QOTD: jury instructions
by digby
From the judge’s instructions:
MANSLAUGHTER
To prove the crime of Manslaughter, the State must prove the following two elements
beyond a reasonable doubt:1. Trayvon Martin is dead.
2. George Zimmerman intentionally committed an act or acts that caused the
death of Trayvon Martin.George Zimmerman cannot be guilty of manslaughter by committing a merely negligent
act or if the killing was either justifiable or excusable homicide:Each of us has a duty to act reasonably toward others. If there is a violation of that
duty, without any conscious intention to harm, that violation is negligence.The killing of a human being is justifiable homicide and lawful if necessarily done while
resisting an attempt to murder or commit a felony upon George Zimmerman, or to commit a
felony in any dwelling house in which George Zimmerman was at the time of the killing.The killing of a human being is excusable, and therefore lawful, under any one of the
following three circumstances:1. When the killing is committed by accident and misfortune in doing any lawful act by
lawful means with usual ordinary caution and without any unlawful intent, or2. When the killing occurs by accident and misfortune in the heat of passion, upon any
sudden and sufficient provocation, or3. When the killing is committed by accident and misfortune resulting from a sudden
combat, if a dangerous weapon is not used and the killing is not done in a cruel or
unusual manner.In order to convict of manslaughter by act, it is not necessary for the State to prove that George Zimmerman had an intent to cause death, only an intent to commit an act that was not merely negligent, justified, or excusable and which caused death.In order to convict of manslaughter by act, it is not necessary for the State to prove that George Zimmerman had an intent to cause death, only an intent to commit an act that was not merely negligent, justified, or excusable and which caused death.
I have argued for a manslaughter verdict but I find that really confusing. (Apparently the jury was confused too and the judge refused to clarify.)
And since the prosecution put on a case based on the charge of 2nd degree murder, if I were on a jury I don’t know that I’d feel all that comfortable convicting Zimmerman based on those instructions for manslaughter. It’s pretty incomprehensible.
.