Attorneys are free to argue to include additional language or remove certain language. If they agree, great. If they disagree, the judge decides. Anyhow, this is what what I believe the Manslaughter Jury Instruction should be (solely based on the Standard Instructions:. Here is the Manslaughter jury charge I would personally approve of from the Florida Standard Jury Instruction on Manslaughter:






Ladies and gentlemen of the Jury,

...

To prove the crime of Manslaughter, the State must prove the following two elements beyond a reasonable doubt: The victim is dead; 2) The defendant unintentionally caused the victim’s death; and 3) the victim’s death was caused by culpable negligence.

Mr. Z. cannot be guilty of manslaughter by committing a merely negligent act or if the killing was either justifiable or excusable homicide.

Negligence- 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.

Justifiable Homicide- 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 the defendant.

Excusable Homicide- The killing of a human being is excusable, and therefore lawful, under any one of the following three circumstances: 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: or when the killing occurs by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation; or 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 the defendant 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 will now define “culpable negligence” for you. 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. But culpable negligence is more than a failure to use ordinary care toward others. In order for negligence to be culpable, it must be gross and flagrant. Culpable negligence is a course of conduct showing reckless disregard of human life, or of the safety of persons exposed to its dangerous effects, or such an entire want of care as to raise a presumption of a conscious indifference to consequences, or which shows wantonness or recklessness, or a grossly careless disregard for the safety and welfare of the public, or such an indifference to the rights of others as is equivalent to an intentional violation of such rights.

The negligent act or omission must have been committed with an utter disregard for the safety of others. Culpable negligence is consciously doing an act or following a course of conduct that the defendant must have known, or reasonably should have known, was likely to cause death or great bodily injury.

State, IMHO, is messing up. Treyvon's Mom testified the screaming voice is Treyvon's. But, Treyvon's older brother said it was NOT his voice. WTF was the state thinking putting the brother on the witness stand?
Worse, they are calling the mom again to testify. All that she has to do is mess up and praise her son such as: “Treyvon was a good son", the door opens for: the marijuana, gun, mixed martial arts, fighting and all the other bad stuff.
The basic, general rule is that character evidence is not admissible. But, if a party first “bolsters” character, then the opponent can impeach and endeavor to destroy the notion of good character. And so on, and so forth…

Take your pick...this is what it's going to come down to...when they show the photos of Zimmerman of that night...GAME OVER...Thug whipped his ass "MMA style"...not my words...A prosecution witnesses! The rest is going to be the defense shredding anybody they put up by readdressing them.


The facts are the facts.


PS: Where's your buddies Sharpton and Jackson? THEY KNOW how wrong they were...they're off to another town and another "victim of society".

Sharpton is saving up for Freddies Fashion reparation monies.

And, we are finally learning what the real one's are...

Not to the media.

Would Z then have been considered Culpably negligence had he not followed T, he was on watch duty I believe, and T harmed someone else?

Would be nice to see Zimmerman get acquitted, and then sue Trayvons family for every penny they ever make.

That would be the right thing- so it is probably illegal.

WE?


WE???


No...YOU!


http://www.cigarbid.com/FORUM/c/posts/617675/Trayvon-MartinGeorge-ZimmermanSanford-FL- 


In this thread is more factual evidence of Zimmerman's case than THIS one.

It really would be nice to keep everything in one thread...but that would be a perfect world scenerio.

I started this new thread because I wanted to see and read a discussion of the trial without the usual Cibid user pre-teen level buffoonery and shenanigans that clogged up the old thread. Hey, you never know when wishful thinking might just work. 😣 😣 😣

---

SANFORD --

Family from both sides of the case took the stand Friday in the trial of George Zimmerman. Testimony focused on whose voice it was yelling for help in the background of a 911 call made the night of the shooting.

Trayvon’s mother testifies
Sybrina Fulton, Trayvon Martin’s mother, testified the screams for help heard in the background of a 911 were her son’s.

She was the first witness called by the state Friday and spent only about 10 minutes on the stand.

Following the playing of the recording of the call by prosecutor Bernie de la Rionda, Fulton told the jury she recognized the screaming as Martin’s voice.

In cross examination with defense attorney Mark O’Mara, she described who was in the room when she first heard the recording, listing family attorneys Benjamin Crump and Natalie Jackson, along with Tracy Martin and Jahvaris Fulton, Sanford Mayor Jeff Triplett and City Manager Norton Bonaparte.

She also told the court Martin was right-handed.

Brother testifies
Jahvaris Fulton, the older brother of Trayvon, told the court he too recognized the yells as Trayvon’s.

O’Mara questioned Jahvaris about an interview with a Miami reporter in which he said he wasn’t positive the screams were his brother’s.

Jahvaris said it was something he said as he was still feeling shock and sadness and didn’t want to believe it was really Trayvon.

Autopsy photos
The jury saw Martin’s autopsy photos for the first time during testimony from Dr. Shiping Bao.

Dr. Bao said Martin’s death was classified as a homicide and the cause of death was a gunshot wound to chest.

Time after death
In his opinion, Martin was also alive for one to 10 minutes after the gunshot, a change from his deposition when he said it would be from one to three minutes.

The opinion was tested in cross examination with defense attorney Don West. The two exchanged multiple occasions of interrupting each other, prompting Judge Debra Nelson to repeatedly remind them to only speak one at a time.

It even prompted another Richardson hearing, testing if the state was withholding more information from the defense.

Dr. Bao said he never told the state about his change in opinion about that or about the possible effect of THC in Martin’s system.

The tension continued to mount when West questioned Dr. Bao about the procedure for packaging wet clothing.

Dr. Bao said it wasn’t his job to do the packaging and didn’t remember it.

West asked him why fingernails weren’t collected or photos weren’t taken of the palms of the hands.

Dr. Bao mostly replied that he couldn’t remember the autopsy.

Abrasions on the fingers
Dr. Bao also testified the only other injuries on Martin, beside the gunshot wound, were superficial abrasions from blunt force trauma on his fourth and fifth fingers.

He told the court they could have happened up to two hours before the encounter with Zimmerman, during the struggle, or as he fell to the ground.

Judgment of Acquittal
Judge Nelson heard argument from the defense for a judgment of acquittal where O’Mara said the state did not meet the burden to show ill-will, spite or hatred and did not give evidence disproving his client’s claim for self-defense.

Prosecutor Richard Mantei argued for the state that pointing a gun at someone was evidence of ill-will. He referenced the expletive phrases from Zimmerman’s non-emergency call.

“One of them is dead and one of them is a liar,” Mantei alleged about the only people who know what happened.

O’Mara responded saying, “Trayvon Martin sucker punched my client.” He said the state was grasping at straws and pointed out it was Zimmerman left with injuries.

Judge Nelson ruled the charge can go to a jury.

State Rests
When the jury was brought back in, the state rested their case.

In total, 38 different witnesses were called for the state.

Two witnesses for the defense
The defense began their case with testimony from George Zimmerman’s mother Gladys Zimmerman.

She testified that it was her son, George, heard yelling for help in the same 911 call Sybrina Fulton already testified about.

When De la Rionda cross examined her, asking if she ever heard Zimmerman yell for help, she said no.

In redirect, O’Mara asked her if she ever heard him screaming for his life.

She said through the anguish, fear and terror, she could tell it was George.

Zimmerman’s uncle, Jorge Meza testified the he was working on his computer while his wife watched the news when he heard the 911 call on TV and recognized his nephew’s voice.

“That is George,” he said he told his wife.

De la Rionda questioned Meza about his position as a deputy sheriff during cross examination.

Meza said he tried to stay away from his nephew’s case because it would be unethical to follow it and he wanted to be able to tell the truth.

The trial will resume Monday at 9 a.m.

Im surprised the defense didnt call trey's dad because he was very adamant that the voice on the 911 recording was NOT treyvon's in an interview a few days after the shooting.

Also, i read somewhere that his parents didnt report him missing for roughly 2 days? Anyone else seen that?

Yeah. I saw the uncle too. He was an awesome witness! As to the mothers, I think they were just trying to hold it together while on the stand. They are both terrified and emotionally racked. beyond belief.

who cares , really ?

He is innocent..

I can't wait to watch the quasi Race Riot,...

Disney World will be torched...


kewl..

wheel,

Treyvon's father testified as did a bunch of cops who saw and heard his initial impression. There was also testimony that the mayor precluded the police from being in the room when Treyvon's family was played the tape.

Tomorrow, Treyvon's marijuana/THC level might get in to evidence. Very strong defense going on here. they kept their mouths shut and their witnesses out of the limelight and are really putting on a surprisingly good counter-attack. The biggest issue will be whether Z testifies on the stand. As of now, I say he doesn't as he has already "testified" via his recorded calls and statements shown by the state. I think the case will close by the end of this week to middle of next week. Te jury could get the case by next Friday. But, who knows?

Real attorney jokes are so funny to me because they are so horrifically true. The "shark in the water" crap is just that... crap. Ironically, breaking rank with the rigid thinking and behaving like most lawyers actually makes one a better lawyer
Anyhow, thanks for what I consider to be a high compliment (intended or not)! What do/did you do for a living?

You don't understand how race riots work.

The black parts of town will be cordoned off by riot police and the national guard. The rioters will be free to burn down their own neighborhoods and any businesses owned by invasive races such as arabs or Koreans in those neighborhoods.

Any attempt to leave the designated riot area will met with military-style force. The smoke will not even be visible from Disney World.

The race-baiters who started all this will appear on national TV calling for calm.

The race-baiters will appear on national TV and call for Federal reconstruction money for the riot-torn areas.

The race-baiters will skim 5% of the reconstruction money as an administrative fee.