Well, it looks like Zimmerman wiil have to face a real court, now that he's been charged with second-degree murder and handed himself in for arrest

Great. Should have been a grand jury decision, not just a prosecutor decision.

Why is that, and why did the prosecutor make that decision?

Not having a grand jury used automatically takes away the option of Murder 1. If Zimmerman went to confront Martin with the intent to kill him, it is premeditated, and that would apply. It limits the scope of punishments.

As to why, I don't know.

Maybe they didn't think they had the evidence to back up a first degree charge. The circumstances make it a very tough job to prove pre-meditation.

I suspect that murder 1 would have been too hard to prove. I don't think that Zimmerman is innocent, but I also don't think that it was his intent that evening to kill someone. If that had been his intent, perhaps he wouldn't have called 911, perhaps he wouldn't have scuffled first, and/or perhaps he wouldn't have gotten out of his vehicle.

(cross posted with Danivon)

Without the meda out cry, would there have been a special prosecutor? Pretty doubtful.
If these charges are proven in court, that would mean that without the media out cry, a guilty man will have walked.
If the charges are not proven, then the issue of racial bias will be countered, and Zimmerman will be able to live exonerated of a crime.
I'd say, that in this case, the media seems to have performed its role as the fifth estate adequately and to the benefit of society.

danivon wrote:Well, it looks like Zimmerman wiil have to face a real court, now that he's been charged with second-degree murder and handed himself in for arrest

Well, assuming by real court you mean a jury and guilty/not guilty verdict, Not necessarily. Prosecutor still has to make it through a preliminary hearing (assuming Zimmerman doesn't waive his right to one).

Does anyone have an idea why not using the grand jury is the right thing? Perhaps the evidence would not bear a grand jury?

Arch? Your expertise area could shed some light...

Archduke Russell John wrote:

danivon wrote:Well, it looks like Zimmerman wiil have to face a real court, now that he's been charged with second-degree murder and handed himself in for arrest

Well, assuming by real court you mean a jury and guilty/not guilty verdict, Not necessarily. Prosecutor still has to make it through a preliminary hearing (assuming Zimmerman doesn't waive his right to one).

You assume erroneously. A real court can in certain circumstances have one or more judges and no jury (such as, ohhhh, the United States Supreme Court). I meant real as in legally constituted as opposed to the nebulous and unofficial 'court of public opinion' or 'trial by media'.

So yes, his case will go to a court. He may not need to physically face it, of course.

Brad - prosecutors presumably charge with lower degree murder all the time without need for a grand jury? Why would it not be right in this case, unless you think that there is a case for Murder One?

Is this a problem for you because it means no possibility of the Death Penalty?

If Zimmerman has done something warranting the Death Penalty, yes; he should get it. If not, let the prosecutor do the work.

My point is this...
It appears that the parents and Rev. Sharpton and the media are happy that the prosecutor charged Zimmerman. They all say let the prosecutor run this through the justice system.

Where were these people when the PROSECUTOR said there was not enough to charge Zimmerman? Did they say let the prosecutor run this through the justice system then? No. Hence there is a double standard based upon getting your way. That is a problem in my book. I have been saying let the investigation run it's course and punish to the fullest extent from the beginning.

bbauska wrote:Where were these people when the PROSECUTOR said there was not enough to charge Zimmerman? Did they say let the prosecutor run this through the justice system then? No. Hence there is a double standard based upon getting your way.

Oh, blimey. I'm sure Trayvon Martin's parents are glad to be told what hypocrits they've been over all this.

The argument was that the case was not being properly investigated in February and March, and that the original decision was wrong.

That is a problem in my book. I have been saying let the investigation run it's course and punish to the fullest extent from the beginning.

However, if there had not been the complaints, the investigation would have been left where it was, when the first prosecutor decided not to continue.

Surely we know now for certain that at least one decision by a prosecutor in this was wrong. Hopefully the latest one - to charge Zimmerman and let justice take it's course - is the right one.

Always nice to go to the one who will give you what you want, I guess. Seems similar to what my 4 and 6 year olds do. Dad said no, let's go to mom...

So now the parents of Trayvon Martin are whiney little kids as well?

Classy, dude.

OK, let's leave Martin's parent out, since that is all you are focused on.

Is Sharpton a hypocrite for his opposing viewpoints of prosecutor's role?