The The Schrödinger Charge refers to the possibility that the same action can be both a Forcible Felony or not and thus and individual be charged and sent to trial.
We start with the case of Jason Kinsey who shot and killed Tyrone Smith who was unarmed at the time (but was known to be a trained fighter) and allegedly about to attack him. Mr. Kinsey was charged for the death of Mr. Smith, but the judge rejected it and accepted it was self-defense supposedly under Stand Your Ground. The State Attorney was not happy:
“The Stand Your Ground law and the appellate decisions have cheapened human life,” said Miami-Dade Chief Assistant State Attorney Kathleen Hoague. “The law encourages people to arm themselves and settle differences with deadly force. You can set up a confrontation, arm yourself and legally get away with murder these days.”
I mean, Mr. Smith was unarmed, any reasonable person knows that unarmed people using only his fists and feet are unable to present a credible threat of death or grave bodily harm and the judge erred on allowing self-defense, right?
But that somehow does not explain why a charge of Second Degree Murder was sought for Roger Todd Perry who attacked Mohammad Hussein with his fist and later died as consequence of that hit. So the only explanation possible would be that we are in the presence of the very unusual The Schrödinger Felony Charge: It can be both applicable or not. But rather than being an issue of quantum mechanics, what we have is what I interpret as prosecutorial malpractice.
God knows how many times this legal version of the Three Card Monte has been applied and how many people whose only sin was not wanting to be beaten to a pulp are serving prison time and are doing so just because a prosecutor felt like carving a notch or had a fight with the significant other the night before. And once again it is my firm belief that the hatred prosecutors have for SYG is because they don’t get to play Erwin Schrödinger or more precisely, a unmerciful god.
You would think that the simple concept of equal application of the law would be a priority for those ho are supposed to seek justice, but unfortunately it seems they are just in a quest for a high percentage of guilty verdicts.