The judge's ruling was correct on the Zimmerman's jury instruction

Enough already!  For those of you who keep asking me for my professional opinion as a criminal defense lawyer for more than twenty-five years, and prior to that a prosecutor, I will give you my opinion on today's ruling in the Zimmerman trial.  And, as much as I hate getting involved in another attorney's trial, I must admit that the judge's ruling in the Zimmerman trial was correct regarding the jury instructions for the lesser included offense of Manslaughter.  Before you start yelling at me, let me explain.

The United States Supreme Court, as well as numerous other state courts have consistently ruled that when a person is charged with a crime, and the jury is instructed on that crime, the jury must also be allowed to evaluate whether the defendant may be guilty of a lesser included crime.

So, what is a lesser included crime?  It is a charge where all of the elements of the crime are present, but maybe one.  For instance, in this case, Zimmerman is charged with second degree murder which means that 1) a human being was killed, 2) at the hands of another, 3.) the killing was intentional, 4.) and done with wanton disregard for human life.  Here, the judge is saying that maybe there was not a showing of wanton disregard for the safety of human life, but still there was an intentional killing, but it is not done with wanton disregard.

The next question is why does the prosecution want this instruction, and why does the defense loathe it? Easy, the prosecution has failed at showing wanton disregard.  Many time when there is what we call a failed, or imperfect self-defense claim by the defendant, the jury will find that though there was an intentional killing, it is mitigated (made less than) by the actions of the victim or the perceptions of the defendant.  The defense HATES this because they feel the case was over-charged, and believe that the prosecution should live with the crime they over-charged.  However, it doesn't work that way, no matter how many fireworks go off in court.  Sorry, the lesser included crime instruction must be given.

If you want more, maybe visit my website, http://marydelapena-author.com. for more info on my book, A Layman's Guide to Criminal Defense.