Quote:
Originally Posted by Rococo
In most jurisdictions, manslaughter is best thought of as a "passion" or "in the moment" killing. In other words, manslaughter doesn't involve planning.
Also, certain actions are so dangerous that it is futile to argue that you did not have an attempt to kill. For example, if I shoot you in the arm, I will never make any headway arguing that I intended to wing you, not kill you. I will be charged and convicted of attempted murder.
Here, (i) the beating was so severe that it arguably is more akin to shooting a gun than it is to punching a drunk in a bar; and (ii) the encounter was so prolonged and it took so long for them to get him medical help that you could justify charging them with a more serious crime than manslaughter.
i hated the charge "shooting with intent to kill" in my jurisdiction which is what your example would be here, because it had the same penalty as "assault and battery with a deadly weapon" but one more element to prove, (that the intent was to kill the victim). lol.
Quote:
Originally Posted by David Sklansky
So, you are saying that a group of black law enforcement officers "planned" to beat up a young black man who hadn't committed a major crime to the point where his death was a decent possibility, even though they were wearing bodycams and were taking a big risk of ruining their own lives?
The fact that Slighted did not quickly join in to refute me should have been a tipoff.
i didnt see what you were responding to initially. if we're talking about the memphis killing it depends on the Tennessee statutes. while a lot of times manslaughter is what you said and could be the lower charge sometimes states do weird things with the statutes; Tennessee's 2nd degree murder appears to be just "Second degree murder is: A knowing killing of another;". so any intentional action that a reasonable person knows would kill a person would appear to qualify. googling some tennessee law firm explanations of Tennessee statutes gives you
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"The key difference with second-degree murder is the mental state. A defendant does not intend after reflection to kill the victim. However, he might know that his conduct very well could have that effect. For example, a defendant might beat a person to death and should know that several blows to the head could result in death, even if this is not the intended result."
which seems to fit this situation really well.
it appears that Tennessee's 1st manslaughter statute require "adequate provocation" on the part of the offender.
Quote:
Voluntary manslaughter is the intentional or knowing killing of another in a state of passion produced by adequate provocation sufficient to lead a reasonable person to act in an irrational manner.
which would be an interesting argument if "evading" and i say that in the loosest terms with regards to this incident is an "adequate provocation".
2nd manslaughter appears to be "reckless killing" vs. the 2nd degree murder's "knowing killing".
Last edited by Slighted; 02-01-2023 at 07:32 PM.