Q: Regarding Legalese - 2nd Degree Manslaughter
 

Question for Baron and others in the legal field:

A woman from Bartlesville, OK is being investigated on the death of her 10 week old baby, found dead in the washing machine. The article says she was arrested for "second degree manslaughter."

--Article

Why not call this murder? Why the seemingly softer label of "manslaughter?"

Re: Q: Regarding Legalese - 2nd Degree Manslaughte
 

Intent?

Re: Q: Regarding Legalese - 2nd Degree Manslaughte
 

What? She accidentally dropped the baby in the washer with a load of towels and then went to take a nap? I don't get it.

How could it not be intentional?

Re: Q: Regarding Legalese - 2nd Degree Manslaughte
 

Drugs.

Re: Q: Regarding Legalese - 2nd Degree Manslaughte
 

:depressed

Re: Q: Regarding Legalese - 2nd Degree Manslaughte
 

Just looking at the facts presented and the picture I am guessing she may have not known what she was doing, yet the death of the child is still inexcusable. Not premeditated and probably drugged out of her mind.

Re: Q: Regarding Legalese - 2nd Degree Manslaughte
 

Okay, humor me for a second [pretty please!]:

Manslaughter applies anytime the murder[death?] isn't premeditated? What does the 2nd degree part mean?

And why a "degree" instead of voluntary or involuntary?

Re: Q: Regarding Legalese - 2nd Degree Manslaughte
 

Oklahoma law:

"First Degree Manslaughter: Homicide is manslaughter in the first degree in the following cases:

When perpetrated without a design to effect death by a person while engaged in the commission of a misdemeanor.
When perpetrated without a design to effect death, and in a heat of passion, but in a cruel and unusual manner, or by means of a dangerous weapon; unless it is committed under such circumstances as constitute excusable or justifiable homicide.
When perpetrated unnecessarily either while resisting an attempt by the person killed to commit a crime, or after such attempt shall have failed.

Second Degree Manslaughter: Every killing of one human being by the act, procurement or culpable negligence of another, which, under the provisions of this chapter, is not murder, nor manslaughter in the first degree, nor excusable nor justifiable homicide, is manslaughter in the second degree."

Re: Q: Regarding Legalese - 2nd Degree Manslaughte
 

Good info - thanks! :thumbsup

Re: Q: Regarding Legalese - 2nd Degree Manslaughte
 

Would her previous record be brought into the case.

Re: Q: Regarding Legalese - 2nd Degree Manslaughte
 

Defense or prosecution?

Re: Q: Regarding Legalese - 2nd Degree Manslaughte
 

Does it matter if she wasn't convicted?

Re: Q: Regarding Legalese - 2nd Degree Manslaughte
 

For the prosecution, usually it would. But there are exceptions.

Re: Q: Regarding Legalese - 2nd Degree Manslaughte
 

Will be mentioned for character assassination by the prosecutor. Then the defense yells "I object!" Then the judge says "Sustained. Jury, disregard yada yada yada..." But there's already a picture painted in the mind of the jurists.

Re: Q: Regarding Legalese - 2nd Degree Manslaughte
 

Then the defense goes for a mistrial or appeals based on that.

Re: Q: Regarding Legalese - 2nd Degree Manslaughte
 

Yeah, I sometimes wonder why prosecutor's bring up past charges, except to show violent behavior.

Re: Q: Regarding Legalese - 2nd Degree Manslaughte
 

I'm not a lawyer. I play one on tv.

Re: Q: Regarding Legalese - 2nd Degree Manslaughte
 

lol

Re: Q: Regarding Legalese - 2nd Degree Manslaughte
 

Poor little baby. :(
What an awful way to die.

Not long ago a woman was arrested here for starving her weeks old baby to death, she was too busy getting and staying drunk to feed the little darling.

So sad.