Confusing, for sure. It seems that FL legal experts have problems with the details of manslaughter.
Confusing, for sure. It seems that FL legal experts have problems with the details of manslaughter.
FL Supreme Court, 2006:
https://www.floridasupremecourt.org/content/download/327731/2946171/06-909 Report (SJICriminalC) 5-2-06.pdf
Explanation of the Proposals
Proposal 1 7.7 Manslaughter
The manslaughter instruction has been before the committee for some years now. In 1999, the Court requested that the committee review the instruction in light of its opinion in Eversley v. State, 748 So.2d 963 (Fla. 1999), asking the committee to consider “adopting a more detailed causation instruction for use in all cases where causation is an element of the crime.”
[...]
While the committee debated the causation issue raised by Eversley, the manslaughter instruction became intertwined with the issue of manslaughter as a lesser included offense, when there is some distinction between voluntary and involuntary manslaughter. In light of current cases on this issue before the courts, the committee determined to hold off on this discussion. However, as a result of this debate, the chair appointed a subcommittee to review manslaughter as a lesser included offense in conjunction with the murder, felony murder, and attempted felony murder instructions. As a result of the subcommittee’s review of these instructions, it was revealed that not only did these lesser included offenses require updating, but the instructions themselves required revisions. This was mostly due to new laws passed by the legislature. The subcommittee reported that updating was also needed for many other instructions as well, and an ongoing project began to review the lesser included offenses for other instructions. [...]
Lawyer explanation:
Manslaughter Charges | Fort Lauderdale Criminal Lawyers
Voluntary vs. Involuntary Manslaughter
You may have been charged with manslaughter if an individual has died because of your actions. The general definition of manslaughter under Florida law differs based on which type of manslaughter you are charged with: DUI manslaughter, voluntary manslaughter or involuntary manslaughter. Voluntary manslaughter is a less serious offense than murder because it is typically committed in the "heat of passion," but this charge still involves the intentional killing of another human being. The biggest difference is that it was not premeditated.
Involuntary manslaughter involves an unintentional death that usually occurs due to negligence. Individuals may also be charged with involuntary manslaughter when they are caught committing a misdemeanor offense and their actions, during the commission of the crime, are likely to cause harm. The third type of manslaughter, DUI manslaughter, is committed while driving a vehicle and is usually the end result of DUI.
Statute reference:
Statutes & Constitution :View Statutes : Online Sunshine
The 2019 Florida Statutes
Title XLVI
CRIMES Chapter 782
HOMICIDE View Entire Chapter
782.07 Manslaughter; aggravated manslaughter of an elderly person or disabled adult; aggravated manslaughter of a child; aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic.—
(1) The killing of a human being by the act, procurement, or culpable negligence of another, without lawful justification according to the provisions of chapter 776 and in cases in which such killing shall not be excusable homicide or murder, according to the provisions of this chapter, is manslaughter, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s.775.084.
[...]
Judge is suppose to adhere to sentencing guidelines.
Yes, jurors were stoic when I observed them.
. . . because she had various video angles from the cameras.
That little snip didn't show up. Just tell me what day and which witness was up and I will look.Here is an image snip, from the trial video, showing me and her:
Law & Crime Network - https://www.youtube.com/playlist?list=PLoW1SIeAWaWYnMOmSluG0tf6VnofkVNSE
I attended trial Friday afternoon 8/23 during Defense Closing and Prosecution Rebuttal Closing:
From watching the video, I thought he pulled onto the store’s property weirdly. It looked like a last minute turn and looked very wide to me. I wonder if he noticed the car in the h/c spot and decided to check on it. IMO he didn’t pull in, park and then notice.
I’m wondering how loud MD was. The vid shows others pulling up and while walking into the store, they are looking. So he must have been loud enough for them to hear. I wonder if something was said inside the store about a confrontation in the parking lot. MM stuck his head out to check and went over when he saw if was his GF & kids.
After the slow and plodding shitshow that was the Arias trials, everything seems really fast to me. Every trial since then, I’m all like “That’s it? No witnesses for days? No 8 million sidebars?”
See response to first quote. I think he pulled in there hoping for a confrontation, although maybe not to shoot someone.
I believe in the police interview he said he was slightly dazed.
The male witness who pulled I to the parking lot while MD was at the car window, testified that he said something to the store clerk about a situation in the parking lot. Markeis was standing at the checkout at this time.
Your reference is valid, but this is the Texas case that I was referring to:
I agree that a maximum, or near maximum sentence is warranted. Not only must MD receive a suitable punishment, but the case needs to serve as a deterrence to other would be "regulators".
