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Quixote1818

(28,936 posts)
Tue Jul 9, 2013, 11:57 AM Jul 2013

Involuntary Manslaughter under Florida law



To establish involuntary manslaughter, the prosecutor must show that the defendant acted with "culpable negligence." Florida statutes define culpable negligence as a disregard for human life while engaging in wanton or reckless behavior. The state may be able to prove involuntary manslaughter by showing the defendant's recklessness or lack of care when handling a dangerous instrument or weapon, or while engaging in a range of other activities that could lead to death if performed recklessly. - See more at: http://statelaws.findlaw.com/florida-law/florida-involuntary-manslaughter-laws.html#sthash.CMmf4mtU.dpuf


So, under this law did Zimmerman commit Involuntary Manslaughter? I think it's pretty clear that he did.

1. He racially profiled which is against the law

2. He followed Martin in a reckless manor after being told not to by police knowing full well it could lead to a confrontation and knowing he had a gun he had a huge responsibility to avoid confrontation.

3. Martin's friend said Zimmerman approached Martin in a way that lead to an escalation instead of trying to diffuse the situation.

Having a gun is a HUGE responsibility and Zimmerman did NOT act responsibly.
13 replies = new reply since forum marked as read
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Tommy_Carcetti

(43,182 posts)
1. I think though that with Zimmerman meaning to shoot Trayvon, it would be classified as voluntary.
Tue Jul 9, 2013, 11:59 AM
Jul 2013

Involuntary, in my mind, would be if he didn't intend to pull the trigger, which he did, and the gun still somehow discharged and killed Trayvon.

Quixote1818

(28,936 posts)
4. You could be right
Tue Jul 9, 2013, 12:05 PM
Jul 2013

I just figured they would argue he thought he was acting in self defense at that point. I was focusing on his series of blunders by walked into the situation in a reckless manor which lead to the death of an innocent kid.

Response to Quixote1818 (Reply #4)

 

graham4anything

(11,464 posts)
2. I personally think it was first degree murder, but any sentence w/ gun is a long one
Tue Jul 9, 2013, 12:01 PM
Jul 2013

and he is a danger to do it again, so I hope he is convicted with no change of parole

 

premium

(3,731 posts)
5. Well, you would personally be 100% wrong,
Tue Jul 9, 2013, 12:10 PM
Jul 2013

this isn't even 2nd Murder, the elements for 2nd Murder aren't there, much less 1st Murder. This is Manslaugter at best and it's my belief that the state has so dicked up the case, Zimmerman is going to be acquitted.

You really have no idea of how the Criminal Justice System works, do you? Where do you get your law knowledge? From watch Law & Order?
Even if he were convicted of 2nd Murder (highly unlikely at this point) he would still be eligible for parole.

 

graham4anything

(11,464 posts)
6. It's obvious that zimmy made up the whole story after he in cold blood killed.
Tue Jul 9, 2013, 12:21 PM
Jul 2013

100% guilty.

Hope he is never on the street, he is a clear and present danger to anyone and everyone.

 

premium

(3,731 posts)
7. So far the state
Tue Jul 9, 2013, 12:27 PM
Jul 2013

hasn't been able to prove that, not even close. Have you presented your proof to the DA's office in FL?
Tell us, with your extensive years of investigating shootings, were is your evidence that the whole story is made up?

Beacool

(30,247 posts)
10. No, it wasn't.
Tue Jul 9, 2013, 12:56 PM
Jul 2013

At least not legally. The prosecution made a mistake in overcharging Zimmerman. He might walk yet.

onehandle

(51,122 posts)
3. Having a gun is no longer a responsibility, it's a 'right.'
Tue Jul 9, 2013, 12:02 PM
Jul 2013

Gun nuts celebrate this purposeful misinterpretation for the gun industry, because clearly people like their new poster boy Zimmerman, should not have guns.

cthulu2016

(10,960 posts)
8. "He racially profiled which is against the law"... What law?
Tue Jul 9, 2013, 12:28 PM
Jul 2013

He is not a cop or any other sort of government official, right?

Quixote1818

(28,936 posts)
9. I don't know if he broke any laws but that doesn't really matter
Tue Jul 9, 2013, 12:51 PM
Jul 2013

you don't have to break laws to be convicted of involuntary manslaughter. Still, had he been a cop he would have been breaking a law. This is also my weakest point. The other two examples are more important to the manslaughter law.

Response to Quixote1818 (Original post)

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