How sure are you of Zimmerman's guilt?

[Deep13]

8. Let's be clear on what we mean by "murder."

Different states have slightly different definitions, but the general rule defines murder as:

"Unlawful killing of a human being (homicide) with malice aforethought."

"Malice" is not a general bad feeling, but one of a few specific mental states: intent to kill; intent to cause grievous, bodily injury; wanton recklessness causing an extreme risk to human life (depraved heart); committing a felony that results in a fatality (felony-murder).

"Cold blood" is not an element. The term "cold blood" means that a killing was deliberate and in the immediate presence of the defendant.

The difference between first and second degree murder, as most states call it, is the degree of prior planning. First degree murder is planned ahead of time, sometimes as part of a conspiracy. Second degree murder still has "malice aforethought," but indicates a victim of opportunity with no prior planning. Some states have other aggravating factors that can raise a murder from second to first degree.

AFAIK, in every state with a death penalty, only the worst degree of murder is eligible for capital punishment. The Zimmerman case is not indicted for the worst form of murder, so it is not capital eligible.