Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than
murder.
The law generally differentiates between levels of criminal culpability based on the
mens rea, or state of mind. This is particularly true within the law of
homicide, where
murder requires either the
intent to kill, a state of mind called
malice, or
malice aforethought, which may involve an unintentional killing but with a willful disregard for life.
Manslaughter is usually broken down into two distinct categories:
voluntary manslaughter and
involuntary manslaughter.
Involuntary manslaughter usually refers to an unintentional killing that results from recklessness or criminal negligence, or from an unlawful act that is a misdemeanor or low-level felony (such as
DUI). The usual distinction from
voluntary manslaughter is that
involuntary manslaughter (sometimes called "criminally negligent homicide") is a crime in which the victim's death is unintended.
For example, Dan comes home to find his wife in bed with Victor. Distraught, Dan heads to a local bar to drown his sorrows. After having five drinks, Dan jumps into his car and drives down the street at twice the posted speed limit, accidentally hitting and killing a pedestrian.
Or
Michael asks for diprivan under the illusion it's safe because of previous doctors crimes when they should have given him real help.
Murray gives Michael Med's he is not supposed/trained to(this breaks the law..cause he is not supposed to do this outside the hospital). The Doctor Falls asleep, walks away, or gave him too dang much(This is the recklessness).
Mike has complications and dies and the doctor freaks out to save his butt cause he tries to cover up ish (maybe?) to make it look like he did something to help Mike but did not.
(This is malice aforethought) -criminal intent; the thoughts and intentions behind a wrongful act (including knowledge that the act is illegal); often at issue in murder trials.
So Basically Dr Murray will get Manslaughter charges if they can prove all that without shadow of a doubt but every state got different rules.
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It's unlawful to kill another human being, without malice. Voluntary manslaughter contemplates a killing that is without malice and committed upon a sudden quarrel or in the heat of passion.(Taking 45 min to call police cause Murray try to save his own butt or he let mike die? cause afraid of being caught; you know they would ask questions and if mike dead who they gonna ask?, CPR done wrong on the bed also to make it look like he did something to help) In contrast to the felony-murder rule briefly discussed above, involuntary manslaughter contemplates a killing done in the commission of an unlawful act not amounting to a felony(Gave [/FONT]
diprivan[FONT=Arial, Helvetica, sans-serif]
to MJ but isn't this a felony if it's not done in hospital?) , or in the commission in an unlawful manner, or without due caution and circumspection, of a lawful act which might produce death.
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But technically Murray's act was not lawful cause he gave diprivan outside the hospital? hmmm?
So would that then make this 2nd degree murder? [FONT=Arial, Helvetica, sans-serif]
In a federal second degree murder charge to kill "with malice aforethought" means either to kill another person deliberately and intentionally, or to act with callous and wanton disregard for human life. Here, malice aforethought does not require that the individual charged hated the person killed, or felt ill will toward the victim at the time.[/FONT]
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I tried answering your question but came upon a question myself. This is all oh so jacked what happened to MJ.[/FONT]
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I hope you can understand what I wrote and it's helpful. I know it's long but wanted to get everything in there.[/FONT]
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God Bless:angel:
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