Lets Talk Manslaughter News Today

Marsha clark and criminal defense attorney danny and mark c garagos. what do you think the opt is for a lesser charge? >> there is no question the jury will be charged on second degree and -- second degree murpder and manslaughter. i mean, thats a lesser included offense and the way i read the statute, it has to be done and i suspect that the government is going to request it. there is evidence to support manslaughter. so this jury will have a choice of what to convict george zimmerman on. if th...

Time than a legislature. as for the zimmerman case, many legal experts say the prosecutors may have to include those lesser charges for the jury to consider. maybe like manslaughter, which in this case carries a maximum sentence of 15 years. unless, of course, a gun is used. and then that time is doubled. in the end, the prosecutions level of confidence will likely determine just what charges theyll go after. ashleigh banfield, cnn, florida. >> our panel joins us again. sunny hostin, marcia clar...

If it turns out that second degree murder is not what they go for or is that a smart thing for the prosecutor? >> i dont think its a mistake. i think there are many critics who say this is a routine practice to overcharge. but when you overcharge, you hold yourself to a higher burden. commentator said the same thing about the casey anthony case. its these cases that people perceive as overcharged. there is that chance by gambling and overcharging, you may sour a jury to that lesser included offe...

And i suspect that the government is going to request it. theres evidence to support manslaughter. this jury will have a choice of what to convict george zimmerman on, if theyre going to convict him at all. >> and thats how it goes, its up to the jury, they can go for second degree murder or manslaughter. >> exactly. its very, very common. manslaughter is what is called a lesser included offense within second degree murder and its a very rare case when the manslaughter instruction is not given w...

We feel the way we feel. but remember its an ongoing moving thing. we dissect what happened the day before, the hour before. but we have forgotten many of the inconsistent statements. theres a great deal that the prosecution has shop but has been forgotten because weve been focused on whats been happening up to the minute. when the prosecutor stands up and puts it all together, you may see a very much more compelling picture, more indicative of a second degree murder than a manslaughter. >> from...

But remember its an ongoing moving thing. we dissect what happened the day before, the hour before. but we have forgotten many of the inconsistent statements. theres a great deal that the prosecution has shop but has been forgotten because weve been focused on whats been happening up to the minute. when the prosecutor stands up and puts it all together, you may see a very much more compelling picture, more indicative of a second degree murder than a manslaughter. >> from the defenses perspective...

Those prison terms in florida carry a comparative prison sentence. >> its the defense that wants the lesser included and because you have a lesser punishment. here in california, remember how this works. what is explained to the jury is first you decide the murder charge. if you find not guilty on the murder, then you work down to the manslaughter, basically, the difference between the two is whether or not there is malice. so all of this talk about ill will and the level and intent and everythi...

Included. its a no-brainer so to speak and up to the jury to decide whether once they make the decision, if they find not guilty on the murder, then they have to move to the manslaughter, find not guilty there, and then boom -- >> right. >> youre done. >> danny, what school of thought are you on? because do you believe that its a mistake for the prosecutor to over charge, if that -- if it turns out second-degree murder isnt what they go for, or do you think thats a smart thing for the prosecutor...

Equipped to use his or her discretion when assigning prison time than a legislature. as for the zimmerman case, many legal experts say the prosecutors may have to include those lesser charges for the jury to consider. maybe like manslaughter, which in this case carries a maximum sentence of 15 years. unless, of course, a gun is used. and then that time is doubled. in the end, the prosecutions level of confidence will likely determine just what charges theyll go after. ashleigh banfield, cnn, flo...

Will and intent and everything else is for the jury to decide. if they cant find malice, then they work down. the irony is normally the defense would want the lesser because its punishable by much less or it does not have what is the l. next to it for life. here you have that. so the defense is going to be in the position of saying no, we want all or nothing. the judge is going to give the lesser included, its a no-brainer, so to speak. and then its going to be up to the jury to decide whether o...