Originally Posted by pr_capone
I submit it is you who does not know the definition of murder 1.
Many jurisdictions divide murder by degrees. The most common divisions are between first and second degree murder. Generally, second degree murder is common law murder, and first degree is an aggravated form. The aggravating factors of first degree murder are a specific intent to kill, premeditation, and deliberation.
In addition, murder committed by acts such as strangulation, poisoning, or lying in wait are also treated as first degree murder.
This is murder 2 at the most severe end of the spectrum.
Each state varies. It seems in Florida you can be charged with 1st degree murder even if you did not intend or premeditate the persons death if you were committing another crime in the process.
I think the issue of Zimmerman being charged with felony capital murder will come down to the emergency dispatcher distinctly and clearly telling Zimmerman to not follow the kid. And more than likely that dispatcher will be called to testify on the stand saying such. I think an aggravated stalking charge could be looked at as the needed felony charge to move it into a felony capital murder case.
Yeah, I know, the dispatcher isn't law enforcement. But what they are is your 1st line contact to law enforcement to provide reliable and accurate information to them. Zimmerman disregarded emergency services request to stay away. And it resulted in a child's death.
Either way, it was shoddy police work from the get-go. In Florida the justifiable homicide rate has jumped dramatically since their self defense law went into place. I think it may be making many people wonder if law enforcement is labeling many homicidees as justifiable without doing a proper investigation. Like which has clearly happened in this very case.