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It is actually quite common for a prosecutor to go for the highest level charge she feels she can prove, with the understanding that if she cannot prove the greatest charge, a lower charge might stick with the jury. Now, this isn’t always the case. In some states the prosecutor must specifically state all charges, but Florida allows for automatic inclusion of lesser included offenses.
What are the Included Offenses of Murder in Florida?
First degree murder (premeditated) 782.04(1)
Second degree murder (Depraved mind) 782.04(2) – Zimmerman’s charge
Manslaughter 782.07
Second degree (felony murder) 782.04(3)
Third degree murder (felony) 782.04(4)
Vehicular homicide 782.071
After the above six charges come the non-homicide lesser included offenses. They are:
Attempt
Culpable negligence
Aggravated battery
Aggravated assault
Battery and assault
So, essentially, Zimmerman is charged with each of the crimes from second degree murder on down, except of course for any crimes that are clearly not relevant, such as vehicular homicide.
Originally posted by roadgravel
West was upset over the man3 charge being considered.
The idea that manslaughter would be in play was known from the start, despite what some here said. But as far as the jury, they may not have been aware. I don't recall that mentioned in the trial for them to know positively.
Originally posted by GogoVicMorrow
reply to post by roadgravel
I thought murder 3 was not included.
Originally posted by roadgravel
She just read the instructions. The jurors can reread them, If they get lost they can ask the judge a question later.
Originally posted by 12m8keall2c
If Trayvon was fearful for his safety and only 'self defense', then why did he pursue further physical engagement with Zimmerman after he'd already basically dropped him to the ground with the initial punch to the nose/face.