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Want to talk a little bit about these jury instructions.
We didn't lead to believe that the manslaughter charge would be different than it was let's turn now to our legal panel camera holder is a criminal defense straight Fox News injured issue Skyping from -- in iron into.
And Joseph -- facility was a trial attorney and director of advocacy at pace law school.
He's here on the set just -- -- former prosecutor defense attorney will be with us momentarily but.
Lewis is we had been led to believe.
That on the manslaughter.
The prosecution would have to prove what's known as culpable.
Negligence it's a little bit like reckless behavior resulting in somebody's death.
But you pulled the statute.
And it actually gives prosecutors three choice is and they chose choice number one right I think.
I think what happened here Greg is they really went for what most jurisdictions will be considered as you said earlier second degree.
Or third degree second degree right homicide not necessarily manslaughter which is the intentional killing the act of causing intentional -- period without the ill will.
And without the other element without culpable negligence which is recklessness and in fact.
The jury instruction literally says mere negligence.
Is not enough and then it goes on to define what -- negligence is it had a failure to act reasonably in your duty.
Two other individuals.
It strikes me is a little bit easier all you have to do is show is an intentional killing it's clearly the compromise verdict in this case there's just no doubt about it.
There's no other way to look at it other than this was not the victory for the defense to have this additional charge yet in this case certainly was not Tara holding your thoughts.
I I actually really agree with what what has been that -- respectfully at the first says that.
I think that.
I ever -- -- he'll recently -- front or back and it one of the defendant actually appealed his conviction and in it manslaughter case because all of the option.
Or given -- the jury is culpable portion of it because they're different part of me and water as you bet is that is that.
Was that was not mentioned and so what I personally thing is that if that we need both sides don't want.
Verdict because it means you need very -- and very you global.
I type of verdict.
I don't know how to handle -- -- bottom of that case that was in which the conviction on manslaughter was.
-- I'm just not try to trap -- just trying to cure is -- like to read it myself.
Right right and you were reading one day I I -- get it for you send it to me you know I'm I'm in Dublin.
Buy it but it was very interesting and they did the court did say that he actually that this defendant or not -- Germans that defendant.
One on -- that issue because -- all options were given to.
What did you really think that -- let me just continue to hammer you would sink.
That every judge in Florida and every prosecutor in Florida would know about this case overturned on appeal and would want it -- will avoid the same thing happening.
In -- case is by including all three options on manslaughter and yet I am looking at a here black and white and we watched the judge read it EA.
That -- began I.
I don't know why other that in.
Need to defend the prosecution and and we even if all the time and -- -- one sided more I'll walk a lot and another black and so maybe.
The defense but hate it -- -- I thought here he -- -- knew about the heat and didn't put that prosecution on area.
And and so maybe it won't.
Find him guilty if -- -- the one off.
I -- I mean that would make the app prosecutors.
Reckless themselves but Lewis I gotta tell -- I I understand what you're saying and I think the real issue here is what -- And what allegations improve did they proposed to the judge.
That was shown in this case and the statute is written if you in fact claim a theory or allegations improved.
Then you're entitled to that.
The instruction and in this case it says.
The statute says has given you know the instruction to -- to -- -- to see and in our case they gave to way.
If in fact that you're allegations.
And -- is that he intensely committed an act or act.
That caused the death.
To be talked about intentionally procured an act.
That cause the death of the victim.
And see is what I think Greg is talking about which is the depth of the victim was caused by culpable negligence of the defendant.
I'm not saying that the the evidence may not have supported those other other two charges but I don't think the lawyers asked for.
For whatever reason -- what camera is saying is that now the -- -- Florida is you've got to give them all three but I think it's until going to be based on the allegations improve.
The statute clearly says that I think he's probably right in the case that she -- that.
Maybe the -- indicated that it could have been one or two or three.
-- -- Well well well it quiet and I I don't like speculated that -- is that what is right all the time but I haven't seen it yet you know with the actually had to do with the lawyer not seen or.
The other instruction is -- -- it was a it was reversible.
Will air base on a lawyer we see lawyers -- what defense -- prosecution.
The defense the defense lawyer in an -- -- while they were conferencing with -- -- to support but before you go to closing argument.
You meet with the Jack in goal for the infraction and the defense attorney field after -- portion.
An airport out of -- lawyer.
There may be because the facts and the allegations in that case would have indicated a likelihood that he should have asked for that chart right and he didn't but here in the -- case.
I think didn't they must -- went on the record and said they don't believe that it makes it out and the judge probably agree that the prosecutor and say very well.
Until later let me just say that that I don't know that there -- no great -- the -- Acquired the subject at all three but while they were working out instructions behind the -- Hopefully he attorney opt for all the creator of the expenditures and that striking down with that they want instructions -- culpability.
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