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ChiciB1

(15,435 posts)
9. Here... Google The 10-20-Life Law And
Fri Jul 5, 2013, 11:15 AM
Jul 2013

make your own assumptions. I found this last week & so far it seems that this very well could apply. But, when you google there are statutes & their numbers, think 775.087 is one, but not sure of the number. I've looked at versions that are listed and because I'm no legal expert didn't read all of them. Got tired of reading & reading. The following is the post.

Slippery Slope's Post Here:
This post is to explain some details of Florida sentencing laws, specifically the "10-20-Life" law, and how they relate to the Zimmerman trial.

Some people have expressed surprise that this case wasn't plea bargained down to a lesser offense (such as manslaughter), and others have expressed dismay that the prosecution might not be able to convict on second degree murder charges. Understanding the sentencing laws in this case could help provide clarity on these issues.

Slightly simplified; the Florida "10-20-Life" law requires that anybody convicted of a crime that involved shooting another person is going to face a prison sentence of 25 years to life. This sentence is automatic and there is no judicial discretion.

First point: Consider what this means with regards to a plea bargain. GZ was charged with second degree murder. The penalty for this crime is 25 years to life. If GZ had accepted a plea bargain down to manslaughter, he would still be facing 25 years to life. If GZ had accepted a plea bargain down to aggravated battery, he would still be facing 25 years to life. Any "reasonable" plea that could have been offered to GZ would have effectively had the same penalty so there is little incentive in this case to offer or accept a plea.

Second point: What verdict would be a "win" for the prosecution in this case? Although GZ has been charged only with second degree murder, the jury can choose to find him innocent on that charge but guilty on a lesser charge. Under Florida law, there are four possible charges in this case that the jury could convict GZ of:

* Second degree murder
* Manslaughter
* Aggravated Battery
* Battery

Being convicted of any of the first three charges will trigger the "10-20-Life" law. Being convicted of simple battery would not, however aggravated battery under Florida law means "battery with a deadly weapon". Since GZ clearly did use a deadly weapon, it is nearly inconceivable that a jury could find him guilty of simple battery.

Since any of the first three charges trigger the "10-20-Life" law, effectively any one of them is as good as the other for the prosecution. GZ will be facing 25 years to life if convicted of any.

Basically then, there are three outcomes that are a victory for the prosecution and only one that is a victory for GZ.

Under Florida law, Jenoch Jul 2013 #1
That Is What The "10-20-Life Law Says In Florida ChiciB1 Jul 2013 #2
The Florida legislature might Jenoch Jul 2013 #3
No, Guess I Missed It. ChiciB1 Jul 2013 #10
Her name is Marissa Alexander. Jenoch Jul 2013 #11
You Know, While Reading The Statutes... ChiciB1 Jul 2013 #14
I read where a Florida legislator Jenoch Jul 2013 #15
Probably WAS Said... ChiciB1 Jul 2013 #16
When these laws are debated before they are enacted Jenoch Jul 2013 #19
May not get 2nd degree murder ..may get manslaughter....5 years SummerSnow Jul 2013 #4
Here... Google The 10-20-Life Law And ChiciB1 Jul 2013 #9
let's not get ahead of ourselves CatWoman Jul 2013 #5
2-5 years. kentuck Jul 2013 #6
I have not read anywhere Jenoch Jul 2013 #12
I'd take that bet in a heartbeat. reflection Jul 2013 #7
I thought manslaughter was off the table? Callmecrazy Jul 2013 #8
No...it's a lesser included. dkf Jul 2013 #28
Absent any compelling evidence of a crime, it's looking like an acquittal cthulu2016 Jul 2013 #13
this is the key question, which seems missed in much of du discussion unblock Jul 2013 #29
If I had to guess...15 yrs. Just a guess. For manslaughter. But juries can't be second guessed.nt Honeycombe8 Jul 2013 #17
zero years. I don't think he will be found guilty rollin74 Jul 2013 #18
If they convict on Negligent Homicide - 25 years. nt avebury Jul 2013 #20
The choices are 2nd degree murder and manslaughter, I thought. ? Not negl. homicide. nt Honeycombe8 Jul 2013 #21
You are correct, I got it wrong. avebury Jul 2013 #23
I said 15 yrs, for manslaughter. I think they'll find he was criminally responsible, but "depraved Honeycombe8 Jul 2013 #24
I'd bet one way or another you'll see him on the street 5 years from now. 1-Old-Man Jul 2013 #22
Not long enough, IMO. nt raccoon Jul 2013 #25
Two words Brother Buzz Jul 2013 #26
I give him at least a 50-50 chance of walking scot free DFW Jul 2013 #27
I think he'll walk olddots Jul 2013 #30
And how many here will scream bloody murder when he is acquitted? Bake Jul 2013 #31
You can bet there will be plenty of those. NaturalHigh Jul 2013 #32
kick rollin74 Jul 2013 #33
This jury will hang OmahaBlueDog Jul 2013 #34
No sentence. Acquittal. Reasonable doubt. nt bike man Jul 2013 #35
Message auto-removed Name removed Jul 2013 #36
+1, I agree, wish for retribution. uppityperson Jul 2013 #37
I think he is guilty of manslaughter ripcord Jul 2013 #38
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