Anywho:
In Florida, a person who commits 2nd Degree Murder is one who is either an
Accomplice to Felony Murder; or commits
Murder with a Depraved Mind.
Obviously the first definition has no bearing on this case.
Murder with a Depraved Mind occurs when a person is killed, without any premeditated design, by an act imminently dangerous to another and evincing a depraved mind showing no regard for human life.
Common Defenses include:
Excusable Homicide
The killing of a human being is excusable, and therefore lawful, under any one of the following three circumstances:
1) When the killing is committed by accident and misfortune in doing any lawful act by lawful means with usual ordinary caution and without any unlawful intent, or
2) When the killing occurs by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation, or
3) When the killing is committed by accident and misfortune resulting from a sudden combat, if a dangerous weapon is not used and the killing is not done in a cruel or unusual manner.
Justifiable Homicide
The killing of a human being is justifiable homicide and lawful if done while resisting an attempt by someone to kill you or to commit a felony against you.
Self Defense
Also known as the justified use of deadly force, self defense is a defense to the crime of Second Degree Murder.
The assumption is that the defense will use one of the last 2 and lean on the
Stand Your Ground law.
---------- Post added 12.04.2012 at 21:05 ----------
Oh, I meant the public stuff.
Which isn't much.