Home Forums Hunting & Shooting Hunter's Campfire Anybody else think this is unconstitutional?

The 6th Amendment to the US Constitution reads:



Zimmerman was charged with 2nd degree murder. Then after the cases had been presented the prosecution offers up manslaughter and Child Abuse resulting in death (Felony Murder).

The Constitution says the accused has the right to be informed of the "nature and cause of the accusation". How is it that a PA can accuse you of a crime and then after he has presented the case and the defense has responded with it's defense case, charge you with a different crime? That's unconstitutional in my book. Is there a lawyer in the house? Isaac?

In this situation you are defending the same "known" facts which can have different conclusions of law based on intent etc.

Of course it was unconstitutional. He was never indited by a grand jury on any charges.

The grand jury indictment is a federal requirement and does not apply to the states. In this county most crimes are charged by summons and complaint though a grand jury gets impaneled more often recently. Most crimes are pretty much uncontested DUI or less so it doesn't make sense to go through all the foofaraw. For all that Zimmerman was a case screaming to be put before a grand jury.

Lesser included offenses share the same elements of a crime as the major charge. Say the major charge requires the state to prove elements A, B, and C. A lesser included offense would require the state to prove A and B, or some other combination. So you're on notice from the git-go.

If a crime with different elements is to be filed, it's usually dismiss the old charges and start over with the new charges so there is no Constitutional issue.