The elements of 2nd Degree Murder in Florida

[Honeycombe8]

Just so we're all clear on this, here are the elements of a 2nd degree murder charge in the state of Florida. These are the three elements that the prosecution has to prove beyond a reasonable doubt:

1.The victim is dead;
2.The death was caused by the criminal act of the defendant;
3.There was an unlawful killing of the victim by an act imminently dangerous to another and demonstrating a depraved mind without regard for human life.


(Enquiring minds like to know!)

[darkangel218]

1. Check, check and check.

[Honeycombe8]

2. The jury may agree with you. They have to find...

that TM did not start the fight. They could go either way on that, I think, based on what I've seen of the evidence (but I haven't seen everything).

[yardwork]

3. Works for me.

Personally I think there was premeditation but I'm willing to go with second degree.

[fleur-de-lisa]

4. Agree 100% - eom

[bike man]

5. And since we are only bystanders, we will not know until the jury

comes back with the verdict how well the prosecution does:

"These are the three elements that the prosecution has to prove beyond a reasonable doubt:"

[dkf]

6. O'Mara is running through cases where there was no ill will...

Very interesting and instructive.

Guy had been beaten in a fight. Went to get a gun. The attackers came back and started beating him. Guy gets his gun and kills them both. No ill will.