31
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.
...
- 10.3k
29
votes
Does speeding turn an accident into manslaughter?
germany
This development is rather recent, let's say the last decade or two: depending on circumstances, if the speeding was so reckless that it can only be seen as acceptance to eventually kill ...
- 10.2k
24
votes
Accepted
Can Sherlock Holmes be convicted of killing Dr. Grimesby Roylott?
Maybe involuntary manslaughter
Murder is off the table because Holmes lacked the intent to cause Dr. Roylott’s death, and was not engaged in a felony at the time (he was in the room at the invitation ...
- 227k
20
votes
Is attempted manslaughter a real crime?
Yes
For example, s270AB of the south-australia Criminal Law Consolidation Act 1935 says:
(1) Where—
(a) a person attempts to kill another or is a party to an attempt to kill another; ...
- 227k
18
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 ...
- 227k
18
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-and-wales
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 ...
- 4,254
18
votes
Accepted
May putting others at peril worsen the sentence?
usukaustralia
Yes, this can be charged as a type of negligent homicide, involuntary manslaughter.
The degree of culpability might be greater than negligence, since the initial act was a premeditated ...
- 3,168
17
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 ...
- 240k
17
votes
Does speeding turn an accident into manslaughter?
Specifics vary by state, but yes, excessive speeding/reckless driving could lead to vehicular manslaughter
united-states
In the United States the answer varies by state, as most things do. According ...
- 279
14
votes
Accepted
Could you be charged with manslaughter for obstructing an ambulance?
Charged? Of course, the police can charge you with anything at any time
Could you be convicted?
Maybe.
Their best shot is charging you with “Manslaughter by an unlawful and dangerous act” also called ...
- 227k
14
votes
Does speeding turn an accident into manslaughter?
Manslaughter is rarely brought for vehicle deaths
new-south-wales
The only circumstances where murder or manslaughter charges would be considered is where the vehicle was being used intentionally as a ...
- 227k
13
votes
Can Sherlock Holmes be convicted of killing Dr. Grimesby Roylott?
I consider it unlikely that Mr Holmes could have been charged. As has already been stated, he was present in the room by invitation, and he would be able to claim that his actions were in self-...
- 525
11
votes
Is attempted manslaughter a real crime?
canada
Case law is limited, but has taken the view that attempted manslaughter is not possible
This has not been decided by the Supreme Court of Canada, but a court of appeal has said it is not ...
- 72.7k
10
votes
Is attempted manslaughter a real crime?
germany
Mord (murder) is a homicide with any one enumerated aggravating circumstance.
Totschlag (manslaughter) is a homicide without any of those enumerated circumstances.
In both of these, the ...
- 20.5k
10
votes
Does speeding turn an accident into manslaughter?
england-and-wales
The offence of causing death by dangerous driving was first introduced by the Road Traffic Act 1956. One of the drivers behind this (no pun intended) was the observation that juries ...
- 437
9
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 ...
- 35.4k
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 ...
- 2,205
8
votes
Does speeding turn an accident into manslaughter?
Each jurisdiction has its own laws on the subject. But, generally, manslaughter statutes require a mens rea of either recklessness or criminal negligence.
Speeding, even if amounts to negligence for ...
- 240k
7
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 ...
- 217k
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 ...
7
votes
Is attempted manslaughter a real crime?
germany
Yes, but attempted manslaughter/murder (Versuchte Totschlag) is not defined in the German Criminal Code (StGB).
Since Totschlag or a less serious case of murder is a Serious criminal offence (...
- 5,736
7
votes
Why doesn't double jeopardy apply in this case where a woman was convicted of attempted murder, then manslaughter when the victim died years later?
Double jeopardy applies to the same offence, not the same act or omission
Attempted murder and manslaughter are not the same offence.
- 227k
7
votes
Accepted
How to interpret the requirement for danger in the definition of manslaughter?
The unlawful act can be directed at someone other than the person who dies. As to dangerousness, it's not necessary to show that the specific chain of events that happened were reasonably foreseeable, ...
- 8,512
6
votes
Does the guilt of the victim affect the validity of a crime of passion
I assume you mean to ask whether the guilt of the victim affects the validity of a crime-of-passion defence.
canada
In Canada, the only crime-of-passion type defence is provocation, today codified at ...
- 72.7k
6
votes
Is attempted manslaughter a real crime?
finland
As the other answers have pointed out, many jurisdictions have a crime in the books for actively killing a person, and an aggravated version translated as "murder". I'll just add the ...
- 593
6
votes
May putting others at peril worsen the sentence?
france
Yes, because it changes the charge
Bob's conduct falls under article 221-6 du Code Pénal:
Le fait de causer, dans les conditions et selon les distinctions prévues à l'article 121-3, par ...
- 1,489
5
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 ...
- 3,321
5
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 ...
- 240k
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 ...
- 240k
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 ...
- 115k
Only top scored, non community-wiki answers of a minimum length are eligible