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Quote by: Samildanach I was reading an article this morning on bbc in which England is considering changing the murder laws here to possibly represent a more US style system. I was reading through the article http://news.bbc.co.uk/1/hi/uk/4544238.stm
and came across a passage I didn't actually like very much
"Other offences, such as fights and assaults resulting in unintentional death, could be prosecuted as manslaughter "
Now up until now I have considered manslaughter a good thing, after all if you are driving along in a car on the road in pouring rain where visibility is highly reduced and you hit someone accidently killing them then manslaughter is a good verdict.
However manslaughter as the result of a direct assault (such as the recent 'happy slapping' case) http://news.bbc.co.uk/1/hi/england/london/4366026.stm
whether the other person ment to kill the person or not should be prosecuted as murder IMO, firstly to deter people assaulting other people and secondly because people should always know that in a fight there is always the chance that someone could get killed.
I would be interested in your views on it. |
I think your first example of manslaughter is suspect here in the US. I would consider it more accidental death by auto. Actually, no different than if two autos collide resulting in the death of a passenger or operator. It was purely accidental. There was no criminal situation in your first example. Therefore, the DA can't bring criminal charges in a situation where there was no crime.
Now if the operator of the auto is a wise guy and aims the auto at the pedestrian, and plays a chicken game, only attemting to swerve away at the last moment, and then fails resulting in the death of the pedestrian, then this would be manslaughter. There exists a criminal situation. The intentional endangerment of the pedestrain.
Manslaughter in the US is usually tied to unitentional death in the commission of a crime as a result of the actions of another. An example of two men fighting, where one strikes another, and the "stricken"" falls back and hits his head on a exposed nail and is brained, is a perfect example of manslaughter. The "striker" never meant to kill the stricken", but as a result of the strikers punch, the stricken is dead. The criminal situation is the assault.
Therefore, one has to analyze the situation in any death as a result of the commission of a crime. Homicide charges can be lodged, be it in the 1st degree, 2nd degree, or in manslaughter. Often, circumstances in America are "plea bargained" down from 2nd degree murder to manslaughter, resulting in less severe penalties.
Some examples:
1st degree homicide.........The execution of another human being with malice of forethought and criminal intent. Killing a person for not opening up the safe after you demand it during a bank robbery.
2nd degree homicide.......The killing of another person with no pre meditation. Killing a person during the commission of a bank robbery because they lunge at you to try and prevent your escape..
Manslaughter...................The accidental death of another as casued by the accused during the commission of a crime. Accidently hiting a pedestrian with the getaway car as they step off a cross walk while driving from the bank robbery.
Actually in some cases, in the commission of a felony, and in the manslaughter instance above, it may be considered 2nd degree homicide by some District Attorneys. It could be then plea bargained down to manslaughter. It all depends upon the crime and the situation.
My examples are all generally speaking and only my understanding of the degrees of homicide.
In all cases of misdeameanors, where death results, manslaughter charges would be appropriate. Not so for homicide in the 2nd and 1st degree.
I hope this helps you understand the degrees of homicide as I understand them.