re: #1022 Targetpractice

And the Florida law standard jury instruction for 2nd degree murder includes:

Perhaps you’d do better to quote the whole thing.

To prove the crime of Second Degree Murder, the State must prove the following three elements beyond a reasonable doubt:

1. (Victim) is dead.

2. The death was caused by the criminal act of (defendant).

3. There was an unlawful killing of (victim) by an act imminently dangerous to another and demonstrating a depraved mind without regard for human life.

Definitions.
An “act” includes a series of related actions arising from and performed pursuant to a single design or purpose.

An act is “imminently dangerous to another and demonstrating a depraved mind” if it is an act or series of acts that:

1. a person of ordinary judgment would know is reasonably certain to kill or do serious bodily injury to another, and

2. is done from ill will, hatred, spite, or an evil intent, and

3. is of such a nature that the act itself indicates an indifference to human life.

In order to convict of Second Degree Murder, it is not necessary for the State to prove the defendant had an intent to cause death.

Also, everyone appears to ignore Hooker v State, 497 So. 2d 982 (Fla. 2d DCA 1986) where Hooker was convicted of second degree murder when he shot into a stranger’s trailer, because of his history of racial hatred. Please recall that Zimmerman’s history of verbal attitude toward strangers, particularly non-white strangers, has been admitted into the record. He has an established history of hatred for a class of individuals.