443.203.9378
·
Contact@dondiwestlaw.com
·
Mon - Fri 9am-5pm
Free Phone Consultation
443.203.9378
·
Contact@dondiwestlaw.com
·
Mon - Fri 9am-5pm
Free Phone Consultation

Trayvon Martin Case: My Simple Legal Argument Outline of Why Zimmerman Should be Charged With Murder

Point One: At 17 years old, Trayvon Martin was a Child under Florida Law.
Fla. Stat. § 827.01.  Definitions
 As used in this chapter:
 (1) “Caregiver” means a parent, adult household member, or other person responsible for a child’s welfare.
 (2) “Child” means any person under the age of 18 years.
 (3) “Placement” means the giving or transferring of possession or custody of a child by any person to another person for adoption or with the intent or purpose of surrendering the control of the child.



Point Two: Zimmerman Committed Child Abuse Against Trayvon Martin.
Fla. Stat. § 827.03.  Abuse, aggravated abuse, and neglect of a child; penalties

 (1) “Child abuse” means:
 (a) Intentional infliction of physical or mental injury upon a child;
 (b) An intentional act that could reasonably be expected to result in physical or mental injury to a child; or
 (c) Active encouragement of any person to commit an act that results or could reasonably be expected to result in physical or mental injury to a child.
A person who knowingly or willfully abuses a child without causing great bodily harm, permanent disability, or permanent disfigurement to the child commits a felony of the third degree, punishable as provided ins. 775.082,s. 775.083, ors. 775.084.
(2) “Aggravated child abuse” occurs when a person:
 (a) Commits aggravated battery on a child;
 (b) Willfully tortures, maliciously punishes, or willfully and unlawfully cages a child; or
 (c) Knowingly or willfully abuses a child and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the child.



Point Three: Because Trayvon was Killed, while being abused by Zimmerman (Aggravated Child Abuse), it is Murder, Regardless of Whether the Killing Was Lawful (Self Defense)

Fla. Stat. § 782.04.  Murder
This statute defines when a person is Guilty for “Unlawful Killings,” which means that Self Defense would be a Defense. But, the statute did not include the term “Unlawful” in the below definition, which means that the definition of Murder in (3) below is essentially a Strict Liability crime. It does not take into account whether the Murder is Lawful (Self Defense) or Unlawful. It simply state that if a CHILD is killed during the commission of Child Abuse, then it is MURDER.
Fla. Stat. § 782.04.  Murder

 (1) (a) The unlawfulkilling of a human being:
    1. When perpetrated from a premeditated design to effect the death of the person killed or any human being;
    2. When committed by a person engaged in the perpetration of, or in the attempt to perpetrate, any:
       a. Trafficking offense prohibited bys. 893.135(1),
       b. Arson,
       c. Sexual battery,
       d. Robbery,
       e. Burglary,
       f. Kidnapping,
       g. Escape,
       h. Aggravated child abuse,
       i. Aggravated abuse of an elderly person or disabled adult,
       j. Aircraft piracy,
       k. Unlawful throwing, placing, or discharging of a destructive device or bomb,
       l. Carjacking,
       m. Home-invasion robbery,
       n. Aggravated stalking,
       o. Murder of another human being,
       p. Resisting an officer with violence to his or her person,
       q. Felony that is an act of terrorism or is in furtherance of an act of terrorism; or
    3. Which resulted from the unlawful distribution of any substance controlled unders. 893.03(1), cocaine as described ins. 893.03(2)(a)4., opium or any synthetic or natural salt, compound, derivative, or preparation of opium, or methadone by a person 18 years of age or older, when such drug is proven to be the proximate cause of the death of the user,
is murder in the first degree and constitutes a capital felony, punishable as provided ins. 775.082.
 (b) In all cases under this section, the procedure set forth ins. 921.141 shall be followed in order to determine sentence of death or life imprisonment.
(2) The unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual, is murder in the second degree and constitutes a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided ins. 775.082,s. 775.083, ors. 775.084.

NOTICE THE TERM “UNLAWFUL” DOES NOT APPEAR IN THE BELOW SECTION LIKE THE SECTION ABOVE. THE BELOW IS A STRICT LIABILITY CRIME FOR MURDER AND GIVES NO WEIGHT AS TO WHETHER THE KILLING WAS LAWFUL LIKE THE DEFINITION ABOVE. SINCE TRAYVON, WAS A CHILD BEING ABUSED, THEN THIS IS MURDER, REGARDLESS OF WHETHER IT WAS DONE IN SELF DEFENSE!!!! 

Fla. Stat. § 782.04.  Further Defines Murder AS:

(3) When a person is killed in the perpetration of, or in the attempt to perpetrate, any:
 (a) Trafficking offense prohibited bys. 893.135(1),
 (b) Arson,
 (c) Sexual battery,
 (d) Robbery,
 (e) Burglary,
 (f) Kidnapping,
 (g) Escape,
 (h) Aggravated child abuse,
 (i) Aggravated abuse of an elderly person or disabled adult,
 (j) Aircraft piracy,
 (k) Unlawful throwing, placing, or discharging of a destructive device or bomb,
 (l) Carjacking,
 (m) Home-invasion robbery,
 (n) Aggravated stalking,
 (o) Murder of another human being,
 (p) Resisting an officer with violence to his or her person, or
 (q) Felony that is an act of terrorism or is in furtherance of an act of terrorism,
by a person other than the person engaged in the perpetration of or in the attempt to perpetrate such felony, the person perpetrating or attempting to perpetrate such felony is guilty of murder in the second degree, which constitutes a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided ins. 775.082,s. 775.083, ors. 775.084.
(4) The unlawful killing of a human being, when perpetrated without any design to effect death, by a person engaged in the perpetration of, or in the attempt to perpetrate, any felony other than any:
 (a) Trafficking offense prohibited bys. 893.135(1),
 (b) Arson,
 (c) Sexual battery,
 (d) Robbery,
 (e) Burglary,
 (f) Kidnapping,
 (g) Escape,
 (h) Aggravated child abuse,
 (i) Aggravated abuse of an elderly person or disabled adult,
 (j) Aircraft piracy,
 (k) Unlawful throwing, placing, or discharging of a destructive device or bomb,
 (l) Unlawful distribution of any substance controlled unders. 893.03(1), cocaine as described ins. 893.03(2)(a)4., or opium or any synthetic or natural salt, compound, derivative, or preparation of opium by a person 18 years of age or older, when such drug is proven to be the proximate cause of the death of the user,
 (m) Carjacking,
 (n) Home-invasion robbery,
 (o) Aggravated stalking,
 (p) Murder of another human being,
 (q) Resisting an officer with violence to his or her person, or
 (r) Felony that is an act of terrorism or is in furtherance of an act of terrorism,
is murder in the third degree and constitutes a felony of the second degree, punishable as provided ins. 775.082,s. 775.083, ors. 775.084.

Related Posts

Subscribe to Blog via Email

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Join 2,357 other subscribers

Recent Articles

Considering Divorce in 2020? Here are some tips
December 31, 2019
10 Awesome Books Dondi Read in 2016
December 13, 2016
ISAO Standards Organization Releases Initial Voluntary Guidelines for ISAOs
September 30, 2016

Text Widget

Nulla vitae elit libero, a pharetra augue. Nulla vitae elit libero, a pharetra augue. Nulla vitae elit libero, a pharetra augue. Donec sed odio dui. Etiam porta sem malesuada.

Follow me on Twitter