The Charge: 2nd Degree Murder
On Thursday, April 13th, prosecutors filed a 2nd degree murder charge against neighborhood watch volunteer George Zimmerman in the killing of 17 year-old Trayvon Martin. While many legal experts anticipated that Zimmerman would be charged with the lesser crime of manslaughter, the prosecution opted to pursue a charge that will require proof that Zimmerman intentionally shot Martin. Because the prosecution would find significant difficulty in proving premeditation, a charge of 1st degree murder would be inappropriate given the facts of the case.
Individual state statutes provide guidance in distinguishing 1st degree murder, 2nd degree murder and manslaughter. In general, the 2nd degree murder charge levied against Zimmerman in Florida is very similar to a 2nd degree murder charge in New Jersey. Under Florida law, 2nd degree murder is the unlawful killing of a person when perpetrated by any act imminently dangerous to another and evincing a depraved mind, regardless of human life, although without any premeditated design to effect the death of any particular individual. The maximum sentence for second-degree murder in Florida is life in prison and the minimum penalty is 25 years. In New Jersey, an individual convicted of 2nd degree murder can serve any term up to life imprisonment. Had the prosecution chosen to proceed in filing a charge of manslaughter, they would not be required to show that Zimmerman committed the murder with specific intent, but rather a manslaughter conviction could include a killing that involves mistake or accident. Under Florida law, a manslaughter conviction would carry a maximum of 15 years in prison.
The prosecution is required to prove the charge of 2nd degree murder beyond a reasonable doubt. It is also worth noting that Zimmerman will not be entitled to release on bail prior to his trial. The Florida judicial system has what is known as an Arthur hearing, which can take place weeks after the arrest, to determine whether he should be allowed to post bond. The case will almost certainly include a pretrial hearing to determine whether the state’s Stand Your Ground law, which grants broad protections to people who claim to have killed in self-defense, applies; if the judge finds that Mr. Zimmerman acted appropriately, the case will end there. If the judge decides that the protections of the law do not apply, the case will go forward.
Regardless of the state laws, a conviction on 2nd degree murder requires clear evidence and decisive legal guidance. An attorney must understand the legal principles underlying the various levels of homicide and make an informed decision in order to prevail at court. In filing a 2nd degree murder charge, the special prosecutor is likely attempting to provide for the public’s retributive desire for firm punishment. Moreover, the charge may indicate that the prosecution has proof indicating that Zimmerman was the instigator in the deadly altercation. It is also possible that by filing a 2nd degree murder charge, the prosecution is attempting to force a plea bargain at the level of manslaughter. Until more facts are presented, case analysis will headline national news and the court of public opinion will debate the controversial issues.
