Wednesday, December 26, 2012

Jeopardy

I normally do not get involved in criminal behavior except when it involves business executives or politicians but I will make an exception in the current case of Mr. Zimmerman, who is accused of killing a man in Florida. I believe the District Attorney has just found this man innocent. I say that because she charged him with 2nd degree murder. As I understand it, this means he had, “intent,” that is, he intended to kill this man. I feel that will be very difficult to prove based on the facts available at this time. If she wanted to get a conviction she could have charge him with involuntary manslaughter which means the unintentional taking of a life. Now here is the tricky part and it involves the 5th amendment which says in part, nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb. Reading law can be as tough as reading the tax book but here is one interpretation of the so called double jeopardy rule. an acquittal or conviction for murder will bar any prosecution for manslaughter if based on the same facts If what I have concluded here is factual then one of the talking head lawyers will soon be pointing this out. If this doesn’t happen then my theory is probably wrong. We shall see.

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