Thursday, April 12, 2012

just what is "in the second degree"?


a lot of people have strong opinions they know little about on a certain killing;  few were there who really know.
 i don't have an  opinion on that, but i do have lots of questions.
just what is a white hispanic?
the nyt and some other organizations adopted this term to keep the explosive white and racial news themes going.
we don't call the president a white african-american, but he has a white parent.
it's a phony labelling mechanism designed to keep a racial  issue going.
a hispanic shooting a black man in the eyes of  the press'  wouldn't raise an eyebrow.
you just can't make a big deal of a killing between two victim cultures.
second degree murder is different from manslaughter in that  second degree murder involves a planned, thought out (not instantaneous) process.
second degree murder can result when you are confronted by a burglar and chase him out of your house.  while running from your house, they turns and stop, and in the heat of the moment, you shoot them.  under the florida statute, that's second degree murder.  it's instantaneous, but intentional.
premeditated murder would involve  waiting in an unlocked house with a shotgun for an anticipated  burglar and fatally wounding them.
what is alleged is an intentional killing.   that's a hard call; i was expecting a charge of manslaughter, which is an unintentional struggle for a gun and an accidental discharge.
 perhaps this is an over charge playing for a reduced charge as prosecutors often do
we don't know who followed whom after they initially separated;  we will likely  never know...
my dear wife barbara passed away 9 years  today.   this moving hymn was sung at her funeral. 

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