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11-05-2010, 07:52 PM
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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?"
__________________
"God, send me anywhere, only go with me. Lay any burden on me, only sustain me. And sever any tie in my heart except the tie that binds my heart to Yours."
--David Livingstone
"To see no being, not God’s or any, but you also go thither,
To see no possession but you may possess it—enjoying all without labor or purchase—
abstracting the feast, yet not abstracting one particle of it;…."
--Walt Whitman, Leaves of Grass, Song of the Open Road
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11-05-2010, 07:55 PM
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Supercalifragilisticexpiali...
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Re: Q: Regarding Legalese - 2nd Degree Manslaughte
Intent?
__________________
"It is inhumane, in my opinion, to force people who have a genuine medical need for coffee to wait in line behind people who apparently view it as some kind of recreational activity." Dave Barry 2005
I am a firm believer in the Old Paths
Articles on such subjects as "The New Birth," will be accepted, whether they teach that the new birth takes place before baptism in water and Spirit, or that the new birth consists of baptism of water and Spirit. - THE PENTECOSTAL HERALD Dec. 1945
"It is doubtful if any Trinitarian Pentecostals have ever professed to believe in three gods, and Oneness Pentecostals should not claim that they do." - Daniel Segraves
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11-05-2010, 07:57 PM
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Re: Q: Regarding Legalese - 2nd Degree Manslaughte
Quote:
Originally Posted by Hoovie
Intent?
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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?
__________________
"God, send me anywhere, only go with me. Lay any burden on me, only sustain me. And sever any tie in my heart except the tie that binds my heart to Yours."
--David Livingstone
"To see no being, not God’s or any, but you also go thither,
To see no possession but you may possess it—enjoying all without labor or purchase—
abstracting the feast, yet not abstracting one particle of it;…."
--Walt Whitman, Leaves of Grass, Song of the Open Road
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11-05-2010, 07:58 PM
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Supercalifragilisticexpiali...
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Re: Q: Regarding Legalese - 2nd Degree Manslaughte
Quote:
Originally Posted by MissBrattified
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?
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Drugs.
__________________
"It is inhumane, in my opinion, to force people who have a genuine medical need for coffee to wait in line behind people who apparently view it as some kind of recreational activity." Dave Barry 2005
I am a firm believer in the Old Paths
Articles on such subjects as "The New Birth," will be accepted, whether they teach that the new birth takes place before baptism in water and Spirit, or that the new birth consists of baptism of water and Spirit. - THE PENTECOSTAL HERALD Dec. 1945
"It is doubtful if any Trinitarian Pentecostals have ever professed to believe in three gods, and Oneness Pentecostals should not claim that they do." - Daniel Segraves
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11-05-2010, 07:59 PM
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Administrator
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Re: Q: Regarding Legalese - 2nd Degree Manslaughte
Quote:
Originally Posted by Hoovie
Drugs.
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__________________
"God, send me anywhere, only go with me. Lay any burden on me, only sustain me. And sever any tie in my heart except the tie that binds my heart to Yours."
--David Livingstone
"To see no being, not God’s or any, but you also go thither,
To see no possession but you may possess it—enjoying all without labor or purchase—
abstracting the feast, yet not abstracting one particle of it;…."
--Walt Whitman, Leaves of Grass, Song of the Open Road
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11-05-2010, 08:04 PM
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Cross-examine it!
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Join Date: Mar 2008
Location: Orcutt, CA.
Posts: 6,736
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Re: Q: Regarding Legalese - 2nd Degree Manslaughte
Quote:
Originally Posted by MissBrattified
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.
__________________
"Beware lest you lose the substance by grasping at the shadow." ~Aesop
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11-05-2010, 08:08 PM
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Administrator
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Re: Q: Regarding Legalese - 2nd Degree Manslaughte
Quote:
Originally Posted by Baron1710
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.
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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?
__________________
"God, send me anywhere, only go with me. Lay any burden on me, only sustain me. And sever any tie in my heart except the tie that binds my heart to Yours."
--David Livingstone
"To see no being, not God’s or any, but you also go thither,
To see no possession but you may possess it—enjoying all without labor or purchase—
abstracting the feast, yet not abstracting one particle of it;…."
--Walt Whitman, Leaves of Grass, Song of the Open Road
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11-05-2010, 08:10 PM
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Cross-examine it!
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Join Date: Mar 2008
Location: Orcutt, CA.
Posts: 6,736
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Re: Q: Regarding Legalese - 2nd Degree Manslaughte
Quote:
Originally Posted by MissBrattified
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?
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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."
__________________
"Beware lest you lose the substance by grasping at the shadow." ~Aesop
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11-05-2010, 08:16 PM
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Administrator
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Re: Q: Regarding Legalese - 2nd Degree Manslaughte
Quote:
Originally Posted by Baron1710
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."
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Good info - thanks! 
__________________
"God, send me anywhere, only go with me. Lay any burden on me, only sustain me. And sever any tie in my heart except the tie that binds my heart to Yours."
--David Livingstone
"To see no being, not God’s or any, but you also go thither,
To see no possession but you may possess it—enjoying all without labor or purchase—
abstracting the feast, yet not abstracting one particle of it;…."
--Walt Whitman, Leaves of Grass, Song of the Open Road
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11-05-2010, 08:22 PM
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Forever Loved Admin
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Join Date: Dec 2007
Location: Texas
Posts: 26,537
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Re: Q: Regarding Legalese - 2nd Degree Manslaughte
Would her previous record be brought into the case.
__________________
If my people, which are called by my name, shall humble themselves, and pray, and seek my face, and turn from their wicked ways; then will I hear from heaven, and will forgive their sin, and will heal their land.
2 Chronicles 7:14 KJV
He hath shewed thee, O man, what is good; and what doth the LORD require of thee, but to do justly, and to love mercy, and to walk humbly with thy God? Micah 6:8 KJV
Beloved, now are we the sons of God, and it doth not yet appear what we shall be: but we know that, when he shall appear, we shall be like him; for we shall see him as he is. 1 John 3:2 KJV
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