30
votes
Accepted
Does it constitute murder if the attempted murder fails but the victim dies anyway as a side effect of the attacker's actions?
california
You intended to kill them, you killed them, that's murder
California Penal Code Section 187(a):
Murder is the unlawful killing of a human being, or a fetus, with malice aforethought.
...
- 10.1k
16
votes
Ashli Babbitt: manslaughter vs. deprivation of rights under color of law
This reflects a typical division of labor. Normally, the Department of Justice investigates civil rights violations, which it has a division set up to do, while local authorities handle ordinary ...
- 139k
16
votes
Does it constitute murder if the attempted murder fails but the victim dies anyway as a side effect of the attacker's actions?
That’s murder
new-south-wales
Crimes Act 1900 s18:
Murder shall be taken to have been committed where the act of the accused, or thing by him or her omitted to be done, causing the death charged, was ...
- 158k
16
votes
Does it constitute murder if the attempted murder fails but the victim dies anyway as a side effect of the attacker's actions?
england
You're describing a murder
In English Law, the act of running from an attacker would be entirely within the realms of 'causation' (e.g. the attack caused them to escape) and is explicitly ...
- 2,665
11
votes
What is the difference between "murder", "manslaughter" and "homicide"?
The answer is going to depend on what jurisdiction you're talking about. But I can give you some general principles that apply, in most cases, in the U.S. at least.
"Homicide" is a general term for ...
- 5,587
8
votes
Does it constitute murder if the attempted murder fails but the victim dies anyway as a side effect of the attacker's actions?
This will depend upon the legality of your actions so far, and how closely they are related to the death.
For instance, if you were chasing that person with the intent to kidnap them, torture and then ...
- 985
8
votes
If a 12 year old child uses his mother's car without her consent
Depending on the country (not mentioned), the mother may be at fault for not keeping the car out of the hands of her son, but on the other hand, it seems quite impossible to 100% prevent a determined ...
- 26.3k
7
votes
Accepted
Is there a time limit on manslaughter charges?
You have asked about "United Kingdom", but I can only answer about England and Wales; the law in Scotland is very different (rather more different in some respects than the difference between E&W ...
5
votes
Accepted
MMA Fighter knowingly slays their opponent with a legal hit, is it manslaughter
As you describe it, the survivor knows that the action will result in death, and premeditatedly undertakes the action. So we turn to the murder statute in that (unspecified) jurisdiction, which will ...
- 165k
5
votes
Accepted
Why isn't voluntary manslaughter punished equally to murder?
The distinction is a question of culpability, not just the harm caused.
The law, at least in the criminal law context, is not fundamentally consequentialist in its philosophy. The end consequence of ...
- 139k
5
votes
Accepted
What is the difference between "murder", "manslaughter" and "homicide"?
Murder is intentional and premeditated killing. Manslaughter is also criminal killing but is not murder, because it is not premeditated e.g. someone comes home and discovers the spouse in bed with ...
- 6,140
5
votes
Kid left in hot car: What main legal factors affect if charges are brought?
When it is a mistake of memory, and not intentional (as this question is asking), there are no clear standards, and it is largely up to prosecutorial discretion. This means that whatever factors ...
- 4,547
5
votes
Accepted
What are you guilty of if you convince someone else to commit murder?
The laws on this will vary somewhat from state to state in the US. But in general, a person who convinces another to commit a murder might be convicted of conspiracy to commit murder, or accessory to ...
- 98.1k
4
votes
Accepted
Can one person be charged for producing the (inherently dangerous and possibly contraband) murder tool used by someone else?
Normally, making a poison is not in and of itself a crime. If a third party took the poison from the person who manufactured it without their knowledge, the manufacturer would generally not have ...
- 139k
4
votes
Why isn't voluntary manslaughter punished equally to murder?
For the same reason that double parking isn't
They are different offences for which the community, through its political and legal systems, have decided deserve different punishment under the law.
...
- 158k
4
votes
Manslaughter or Negligence -does not inform all risks in surgery which results in death of a patient
I don't think that simply failing to make a sufficient explanation of the risks would make a death manslaughter. Three would have to have been serious negligence in addition, rather beyond the level ...
- 98.1k
4
votes
Ashli Babbitt: manslaughter vs. deprivation of rights under color of law
The investigation did not focus on homicide, because that is a cause of death, not a criminal offense. As you noted, the fact that Ms. Babbit's death was a homicide has already been established.
DOJ ...
- 45.3k
4
votes
Accepted
Why might a subset of victims represent the total pool of victims in a criminal court?
Most likely, they chose enough victims to ensure a long prison term while having plenty of additional victims to charge if something went wrong at trial. Plus limiting the number of victims limits ...
- 301
4
votes
Accepted
Charged with death of self?
No
In many but not all common law jurisdictions, a person who comitts an "inherently dangerous" crime can be found guilt of "felony murder" (not manslaughter).
The Wikipedia ...
- 98.1k
4
votes
Ashli Babbitt: manslaughter vs. deprivation of rights under color of law
Your question is honestly pretty long and complex. For the first part, i.e. why were the §242 charges dropped... (without 2nd guessing the prosecution here), that's actually (by far) the most common ...
- 2,819
4
votes
Does it constitute murder if the attempted murder fails but the victim dies anyway as a side effect of the attacker's actions?
What you describe could be construed as felony murder in it is a death that happened during the committing of a felony. You were in the process of assaulting the victim and then he slipped and hit his ...
- 2,678
4
votes
Does it constitute murder if the attempted murder fails but the victim dies anyway as a side effect of the attacker's actions?
Also in English Law, the rule is, if you intended serious harm to a person, and a person dies because of it, that's murder. This definition means that:
You didnt need to intend their death. Its ...
- 2,955
3
votes
Is this scenario illegal or just immoral?
Most states have a low barring the distribution of counterfeit drugs, which this would appear to violate. For example, the Colorado Imitation and Counterfeit Controlled Substances Act, codified at ...
- 139k
3
votes
Accepted
Dominic Cummings Trip to Barnard Castle - Manslaughter?
No.
It would not meet the criteria for "unlawful act manslaughter" per the CPS Guide for Crown Prosecutors:
The offence is made out if it is proved that the accused intentionally did an ...
- 3,325
3
votes
Is it considered homicide if an armed robber causes an accidental death? (WV, USA)
Can be tried as first-degree murder, actually. See below.
felony murder doctrine
n. a rule of criminal statutes that any death which occurs during the
commission of a felony is first degree ...
- 31
3
votes
Can daring someone to a dangerous act be considered manslaughter?
It depends on the law
For example, the NSW Crimes Act 1900 s18 defines murder and manslaughter:
(1)
(a) Murder shall be taken to have been committed where the act of the accused, or thing by him or ...
- 158k
3
votes
Are martial artists held to a different standard?
In Guam,
Any person who is an expert in the art of karate or judo, or any
similar physical are in which the hands and feet are used
as deadly weapons, is required to register ...
- 165k
3
votes
Kid left in hot car: What main legal factors affect if charges are brought?
There are many factors that determine whether charges are brought (not just for negligent homicide). One pertains to jurisdiction: if there is a difference in the statutes of two states, you will get ...
- 165k
3
votes
Is there liability for accidental deaths of astronauts?
Astronauts are employees of the government and are thus barred from suing in lieu of receiving the government equivalent of worker's compensation. This wouldn't bar a suit against a third-party ...
- 139k
2
votes
If a thief breaks in, gets hit on the head in a struggle and dies - is it involuntary manslaughter?
The name given to different grades of homicide offenses differs considerably from state to state. Colorado, whose penal code is based loosely on the Model Penal Code, does not have an offense called "...
- 139k
Only top scored, non community-wiki answers of a minimum length are eligible