Judge revokes Zimmerman's bond
- Thread starter AK Forty Seven
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If I remember my crim pro, as a general rule indictments cannot be amended in substance. This is because indictments are returned by a grand jury and if the prosecutor could alter the indictment it would then not be one from a grand jury. However, I recall that the prosecutor in this case was allowed to bypass the grand jury under Florida law because it was not a death penalty case. I'm not sure if that is a significant wrinkle.
They either find a way to ammend the charges down on a technicality or they lose. In California, they ammend down by both sides agreeing to allow the jury to convict on lesser charges. I don't see Zimmerman's lawyer agreeing to any changes at this point because the murder2 case is so weak. It looks like the DA screwed this case to a fare-thee-well.
Or... here's another possibility. The prosecutor doesn't care if she wins the case or not. Bringing murder charges is enough for her to win re-election and that's good enough for her.
As it stands, Zimmerman walks on a murder2 acquittal or mistrial.
I have never known a lawyer who didn't care about winning an argument let alone a case. I think she has a lot to lose with an acquittal. With a hung jury, she can take some cover as people are apt to blame backward Floridians.
This is not the OJ trial where the prosecutors can become rich and famous heroes for blowing a layup.
Does this mean that the prosecutor can reduce the charges? I've been wondering about this since day one when the charge was 2nd degree murder. Most analysts do not believe that a 2nd degree murder conviciton is feasible in this case, but I haven't heard anyone mention an amendment or reduction in charges. I couldn't find anything with Google, but it seems like I remember hearing about court cases where juries are instructed by the judge that they may consider convicting the defendant on "lesser charges". The only charge in this case is 2nd degree murder.
Quote from icarus618:
It appears the judge may instruct the jury on lesser included offenses. That would include negligent homicide in addition to manslaughter.
Great find, thanks. If the judge does instruct the jury to consider lesser offenses, then there is a chance Zim could be found guilty. I don't think anybody believed he could possibly be convicted of 2nd degree murder.
Typically nobody has run against this particular prosecutor for office. This is true again now - Nobody filed to run against Angela Corey in 2012; she will have another 4 years in office.
http://www.actionnewsjax.com/conten...-wins-re-election/WLciVaw41Eq8oIDL0dpUAQ.cspx
The selection of murder charges in this case is not really an election issue.
I'm neither a criminal lawyer nor do I know how things are done in Florida courts. However, I would think that leaving something up to the judge's discretion is unwise if the offense(s) could just be included in the information or indictment. I don't know, maybe in Florida judges always instruct on lesser included offenses and this is the prosecutor leaving room for a plea bargain.