Michael Slager Trial Discussing Answers to Jury Questions Part 3 12/05/16

TL;DR

During courtroom deliberations, the defense requests alternative language for the charge of lesser included offense, clarification on the requirements for manslaughter, and explanation of fear and malice. The judge responds to these requests and declines to modify the instructions for the jury.

Transcript

run easy all right mr. savage you might have in my hands yes update this opportunity and I a miscommunication or the recess I've had enough to look over the charge one more time and hopefully have some new suggestions contained exceptions which I will do and yawn I want you to know I do this most respectful to the vessel now for the fallen for the ... Read More

Key Insights

• 😐 The defense argues for a more neutral charge label to avoid potential bias in the jury's interpretation.
• 🥵 The defense seeks to clarify the requirements for manslaughter, including the presence of both provocation and heated passion.
• 😨 The defense challenges the commenting on fear and requests a clearer definition of malice.

Questions & Answers

Q: Why does the defense want a neutral or alternative charge label for lesser included offenses?

The defense believes that using the term "lesser included offense" may mislead the jury into thinking that it is a lesser offense in reality, instead of just an alternative charge to consider.

Q: What is the defense's argument regarding the requirements for manslaughter?

The defense contends that both provocation and heated passion must exist for manslaughter to be considered a charge, and suggests that the jury should be informed of this requirement.

Q: Why does the defense object to commenting on fear and requesting clarification on malice?

The defense argues that fear is a subjective feeling and should not be commented upon. They also request a clearer definition of malice for the murder charge to exclude certain comments made during the trial.

Q: What does the defense request regarding self-defense and the second shot?

The defense wants the judge to emphasize that the second shot is important in the context of self-defense, as they believe the prosecution focused too much on the second and subsequent shots.

Q: Why does the defense request a charge on fleeing felon under common law?

The defense believes that the jury should be instructed on the law of a fleeing felon under common law, as it is still applicable in South Carolina and allows for the use of force without the requirement of reasonableness.

Summary & Key Takeaways

• The defense requests a neutral or alternative charge label for lesser included offenses due to the jury's current stage of deliberation and potential differences in opinion among jurors.

• Defense raises questions about the requirements for manslaughter, suggesting that both provocation and heated passion must exist for it to be considered a charge.

• Defense argues that fear should not be commented upon as it is subjective, and suggests that the definition of malice should be clarified for the murder charge.

• Defense requests instructions on self-defense to include the importance of the second shot, and asks for a charge on fleeing felon under common law.