Generally speaking, I believe when we talk about getting a fair trial, we're talking about having a trial where the government doesn't use its greater power (as opposed to the power of the individual) unfairly. This partly why the burden of proof lies upon the government as well as having the higher standard of "beyond reasonable doubt" in criminal cases.
Since Zimmerman got the Not Guilty verdict, I think that right to have a fair trial seems to be preserved.
Quote:
Originally Posted by Whirlaway
Zimmerman was lucky..........he drew a good jury..................the 2nd degree murder charge should have never been sought.
Based on last night's interview of juror; I think had the jury been presented with only manslaughter they may have convicted. But I don't know.
|
I was speaking with a lawyer friend about the case (this was before the verdict) about why the prosecutors presented the murder charge as opposed to the manslaughter charge. He was telling me that interestingly, using self-defense pretty much prevents a manslaughter charge from being used since when you use self-defense, you are admitting that you intentionally killed someone (ie, murder) so there is no accidental killing that manslaughter generally requires.
Would any of the lawyers like to comment on that? I thought it was an interesting legal issue.