• dezmd@lemmy.worldM
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    1 year ago

    Manslaughter is likely the only charge they can effectively prove unless discovery turns up legally admissible evidence of premeditation that would be needed for murder charges. Being a crazy racist bitch in an of itself doesn’t necessarily equate to premeditation of murder, even if a fuck like the lady in this story seems to deserve such a charge.

    For a good example of when manslaughter would be a more effective charge to pursue because its more likely to have actual punishment involved, look back at the George Zimmerman killing of Trayvon Martin case. Prosecutors fucked up by trying him for full on murder rather than a form of negligent manslaughter, which I continue to maintain that it was fully INTENTIONALLY done to throw the case by the States Attorneys office, maybe as a political strategy favor to Zimmerman’s father, a former judge. At the time I spoke with some attorneys in my family with criminal court experience, it appeared manslaughter rather than murder was far more easily demonstrable when evidence showed Zimmerman ignored the instruction of the 911 operator to not follow him:

    Dispatcher: Which entrance is that that he’s heading towards? Zimmerman: The back entrance… Fucking punks. These assholes, they always get away… Dispatcher: Are you following him? Zimmerman: Yeah. Dispatcher: Okay, we don’t need you to do that. Zimmerman: Okay.

    A guilty verdict on murder requires intent and premeditation, and situationally a scenario can many times mask both intent and premeditation but it can’t really mask demonstrable negligence that leads to a killing.

    The only effective justice to be found in this case may be a manslaughter charge with the jail time and penalties it brings. A murder charge more than likely ends in a not guilty plea, since any reasonable doubt towards the intent and premeditation means a not guilty verdict.