I had the opportunity to speak at length with a long-time veteran of the Dallas Texas area police departments. During our converstaion we mentioned the Zimmerman case, along with several others.
According to this police officer (a captain) it is sometimes standard practice to charge people involved in a shooting incident with either second degree murder or with Manslauter. Many times it is done for the PROTECTION of the individual charged with the shooting death of someone else. (in this case the Travon Martin shooting). According to this scenerio Zimmerman would be charged with second degree murder jsut so that if (when) a grand jury hands down a "No-Bill" verdict Zimmerman cannot be brought up those same charges ever again. (That is the double-jepardy clause).
That does not mean that Zimmerman can never be liable to civil charges such as Wrongfull death suit. But at least he would not be subject to being charged with murder again.
It's a way the LEO's use to CYA, and also to help defend persons involved in shootings known to be justifiable or self defence.
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He must be tried and acquitted or convicted, in order for double jeopardy to apply. The grand jury can be convened three or four times with additional evidence presented. Unless the "No Bill" covers this. Grand Juries are only to determine if there is enough evidence to bring charges against the person.
[T]he Double Jeopardy Clause protects against three distinct abuses: [1] a second prosecution for the same offense after acquittal; [2] a second prosecution for the same offense after conviction; and [3] multiple punishments for the same offense.' U.S. v. Halper, 490 U.S. 435, 440 (1989).
Thanks Gary, And yes - you are correct in all your (3) scenerios of 'double jepardy'. What I was referring to is the basic reason the Florida prosecutor made the decission to charge Zimmerman with 2nd degree murder, (at least that is my present understanding of the charges). Many people have critised the 'over-charging' of Zimmerman, but this might explaine the reason for it. Also there may be more to that 'no-bill' aspect that we (me) don't know about.
Basically I was just trying to pass along some simi-important information. Something that may help us understand what the game plan (could) be in the Zimmerman case.
Thanks for your input.