Still presumed innocent until and unless he is determined to be guilty of the charges beyond a reasonable doubt by the jury who is still hearing the case.
When they decide, then that is the decision.
English
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you always have a wise way of looking at things (even though in this case you were just quoting the law). Personally, with all the evidence that we have about the case, do you think Zimmerman is guilty or innocent?
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Based on the information that I have read and observed, the prosecution has not made a very strong case to support a charge of 2nd Degree Murder, which requires that the jury find beyond a resonable doubt that the defendant committed a crime that meets at least one of the following criteria; A killing done impulsively without premeditation, but with malice aforethought A killing that results from an act intended to cause serious bodily harm A killing that results from an act that demonstrates the perpetrators depraved indifference to human life I don't believe that there has been sufficient evidence to prove malice aforethought, that the defendant willingly engaged in an act to cause serious harm or death, or that there is evidence to show that he demonstrated depraved indifference to human life. If the judges instructions include giving the jury the ability to find guilt for a lesser charge (such as manslaughter or negligent homicide, which the state has not attempt to prove AT ALL), then they may find him guilty of a lesser charge in order to "split the baby" and make sure that "someone pays". But second degree murder? I don't believe that the State's evidence and testimony proves it beyond a reasonable doubt. But if the jurors decide that is has been proven? I would accept their ability to make such a decision.