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-   -   Q: Regarding Legalese - 2nd Degree Manslaughter (https://www.apostolicfriendsforum.com/showthread.php?t=32226)

MissBrattified 11-05-2010 07:52 PM
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?"

Hoovie 11-05-2010 07:55 PM
Re: Q: Regarding Legalese - 2nd Degree Manslaughte
 
Intent?

MissBrattified 11-05-2010 07:57 PM
Re: Q: Regarding Legalese - 2nd Degree Manslaughte
 
Quote:
Originally Posted by Hoovie (Post 984125)
Intent?
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?

Hoovie 11-05-2010 07:58 PM
Re: Q: Regarding Legalese - 2nd Degree Manslaughte
 
Quote:
Originally Posted by MissBrattified (Post 984127)
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?
Drugs.

MissBrattified 11-05-2010 07:59 PM
Re: Q: Regarding Legalese - 2nd Degree Manslaughte
 
Quote:
Originally Posted by Hoovie (Post 984129)
Drugs.
:depressed

Baron1710 11-05-2010 08:04 PM
Re: Q: Regarding Legalese - 2nd Degree Manslaughte
 
Quote:
Originally Posted by MissBrattified (Post 984121)
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?"
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.

MissBrattified 11-05-2010 08:08 PM
Re: Q: Regarding Legalese - 2nd Degree Manslaughte
 
Quote:
Originally Posted by Baron1710 (Post 984135)
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.
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?

Baron1710 11-05-2010 08:10 PM
Re: Q: Regarding Legalese - 2nd Degree Manslaughte
 
Quote:
Originally Posted by MissBrattified (Post 984141)
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?
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."

MissBrattified 11-05-2010 08:16 PM
Re: Q: Regarding Legalese - 2nd Degree Manslaughte
 
Quote:
Originally Posted by Baron1710 (Post 984143)
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."
Good info - thanks! :thumbsup

Cindy 11-05-2010 08:22 PM
Re: Q: Regarding Legalese - 2nd Degree Manslaughte
 
Would her previous record be brought into the case.


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