by William Teach | April 13, 2012 7:51 am
Sadly, there may be a criminal case against George Zimmerman. Then again, there may not. Time will tell. But, Harvard professor Alan Dershowitz says charging instrument is unethical, irresponsible, and won’t make it past a judge
(Mediaite) Harvard University law professor Alan Dershowitz appeared on MSNBC’s Hardball where fill-in host Michel Smerconish asked him his opinions of the arrest warrant issued and carried out for alleged Trayvon Martin murderer, George Zimmerman. Dershowitz called the affidavit justifying Zimmerman’s arrest “not only thin, it’s irresponsible.” He went on to criticize the decision to charge Zimmerman for second degree murder by special prosecutor Angela Corey as being politically motivated.
“You’ve seen the affidavit of probable cause. What do you make of it,” Smerconish asked. “It won’t suffice,” Dershowitz replied without hesitation.
“Most affidavits of probable cause are very thin. This is so thin that it won’t make it past a judge on a second degree murder charge,” Dershowitz said. “There’s simply nothing in there that would justify second degree murder.”
Dershowitz said that the elements that would constitute that crime are non-existent in the affidavit. “It’s not only thin, it’s irresponsible,” said Dershowitz.
Special Prosecutor Angela Corey may very well have evidence that supports the charge of 2nd degree murder, but, this is what 2nd degree murder is in Florida
The unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual
There’s a huge question as to who attack whom first, regardless of whether Zimmerman followed Martin, which, remember, is not a crime. And nothing in the affidavit shows a depraved mind (liberal supposition of being a raaaaacist doesn’t count). Perhaps Corey is charging Zimmerman with a higher crime in order to attempt to get a plea bargain to a lesser charge. But, she may have seriously over-reached, perhaps in an attempt to mollify the protesters. Time will tell.
Crossed at Pirate’s Cove. Follow me on Twitter @WilliamTeach.
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