Current Events > what exactly qualifies as murder vs manslaughter?

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Chunkey Simmons
03/15/22 4:37:46 PM
#1:


  • Scenario #1: There's a big party going on, 2 men meet for the first time, get into a big argument and one guy takes a gun out and shoots the other in the head
  • Scenario #2: Same as #1, but the man beats the other to death rather than using a gun.
  • Scenario #3: Same as #2, but the man who threw the first attack knew the guy from a few different parties in the past and didn't like him


What would these crimes qualify as?

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Unsugarized_Foo
03/15/22 4:39:01 PM
#2:


They're all self defense if anyone asks

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CrimsonAngel
03/15/22 4:39:10 PM
#3:


Those are all murder

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Chunkey Simmons
03/15/22 4:40:12 PM
#4:


CrimsonAngel posted...
Those are all murder
why though? the first 2 are not premeditated.

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Irony
03/15/22 4:40:55 PM
#5:


They don't have to be

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CrimsonAngel
03/15/22 4:41:44 PM
#6:


Chunkey Simmons posted...
why though? the first 2 are not premeditated.
That makes them murder 2 not manslaughter. Manslaughter typically involves accidental death

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eston
03/15/22 4:42:18 PM
#7:


Obviously this is the very simplified version, but manslaughter generally applies when the death was not intentional while murder applies when there was a clear intent to kill

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ellis123
03/15/22 4:43:02 PM
#8:


Murder is when you go into the situation with the premeditated desire to cause harm. Generally it explicitly wants you to go into the situation wanting to cause death but in Florida, Pennsylvania, and Minnesota they have "third degree murder" in which you only had to have to go into the situation wanting to cause bodily harm. Manslaughter is when you go into the situation without having any explicit desire to cause bodily harm.

Those are all manslaughter unless there is something else going on in #3.

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Machete
03/15/22 4:43:38 PM
#9:


They all sound like 2nd degree murder, #2 could be voluntary manslaughter depending on details not covered in scenario (did he beat the dude and the dude happened to die or did he beat him woth the intention of killing him? Did he stop when he realized the guy was in trouble and did he call 911/try and save/help him at that point? Etc.). Scenario #3 is too vague to determine premeditation. More evidence of it would be required to up it to 1st degree.

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AngelsNAirwav3s
03/15/22 4:45:06 PM
#10:


  1. Murder. The perp knew that when he pulled the trigger it would kill the victim.
  2. Depends, did the guy just knock him out with a punch and then walk away, and the victim died? Manslaughter. Is the perp a trained fighter? Probably murder. Did the perp continue to pound the victim to a pulp after the fight was over? Murder.
  3. Same as above, doesn't really matter if they knew each other.

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K181
03/15/22 4:45:29 PM
#11:


Yeah, those are all murder. Premeditated or not determines the degree, but intentionally killing someone is murder unless in self-defense. Accidental death is manslaughter.

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monkmith
03/15/22 4:45:48 PM
#12:


pretty sure the definition depends on the state.

K181 posted...
Yeah, those are all murder. Premeditated or not determines the degree, but intentionally killing someone is murder unless in self-defense. Accidental death is manslaughter.
for instance i'm pretty sure that in some states you can be charged with manslaughter if you 'accidentally' kill someone while intentionally committing a crime. like stealing a car and running someone over with it while you try to get away.

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Chunkey Simmons
03/15/22 4:47:19 PM
#13:


eston posted...
Obviously this is the very simplified version, but manslaughter generally applies when the death was not intentional while murder applies when there was a clear intent to kill
there is such thing as voluntary manslaughter though

Machete posted...
They all sound like 2nd degree murder, #2 could be voluntary manslaughter depending on details not covered in scenario (did he beat the dude and the dude happened to die or did he beat him woth the intention of killing him? Did he stop when he realized the guy was in trouble and did he call 911/try and save/help him at that point? Etc.). Scenario #3 is too vague to determine premeditation. More evidence of it would be required to up it to 1st degree.
why would #1 be murder and #2 be manslaughter? the only difference is the gun. is it because #1 is more severe?

anyone can correct me if im wrong, but determining manslaughter vs murder is not by severity. just because it's more severe, does not mean it gets bumped up to murder. murder is premeditated, manslaughter is not. sure, the guy beat the other one up, and he wanted to harm that person, but he did not previously know the person and did not plan on killing him prior to being riled up by the argument

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Chunkey Simmons
03/15/22 4:53:01 PM
#14:


AngelsNAirwav3s posted...
1. Murder. The perp knew that when he pulled the trigger it would kill the victim.
2. Depends, did the guy just knock him out with a punch and then walk away, and the victim died? Manslaughter. Is the perp a trained fighter? Probably murder. Did the perp continue to pound the victim to a pulp after the fight was over? Murder.
3. Same as above, doesn't really matter if they knew each other.
  1. It's not premeditated though. I thought murder meant it had to be planned ahead of time. In this case, the man did not plan on killing the guy until he was riled up by the argument. Not a law expert or anything, just trying to understand better.
  2. For point #3, why would previous rapport not matter? That would mean the killing could be premeditated.

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averagejoel
03/15/22 4:56:04 PM
#15:


Chunkey Simmons posted...
there is such thing as voluntary manslaughter though

why would #1 be murder and #2 be manslaughter? the only difference is the gun. is it because #1 is more severe?

anyone can correct me if im wrong, but determining manslaughter vs murder is not by severity. just because it's more severe, does not mean it gets bumped up to murder. murder is premeditated, manslaughter is not. sure, the guy beat the other one up, and he wanted to harm that person, but he did not previously know the person and did not plan on killing him prior to being riled up by the argument
legal terminology, and the implementation of that terminology, differs a lot according to location.

but generally, no, murder does not have to be premeditated. 1st degree murder is premeditated; 2nd degree murder doesn't have to be

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AngelsNAirwav3s
03/15/22 5:00:45 PM
#16:


Chunkey Simmons posted...
1. It's not premeditated though. I thought murder meant it had to be planned ahead of time. In this case, the man did not plan on killing the guy until he was riled up by the argument. Not a law expert or anything, just trying to understand better.
2. For point #3, why would previous rapport not matter? That would mean the killing could be premeditated.

Murder vs. Manslaughter just comes down to intent. Did the suspect intend to kill the victim in that moment? A gun makes scenario 1 easy, pretty much no jury will believe you weren't shooting to kill if you shoot a gun at a person. Scenario 2 is a bit more up in the air, was the suspect just trying to win the fight (manslaughter), or was he actually trying to kill the victim (murder)? That is what they would debate in court.

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Machete
03/15/22 5:17:00 PM
#17:


2 could be manslaughter because you didn't provide enough context (see the stuff in parentheses). The defining factor would be did he intend to beat him to death which could be determined by details of the confrontation itself. If he kept beating the guy when he was unconscious and caved his face in, that makes clear intend for murder. If he threw a few punches and stopped when the guy went down and called 911 upon realizing the situation was life-threatening, that is more likely to get a voluntary manslaughter charge. The difference between 1 and 2 is in how you worded them. Intentional shot to the head confirms intent to kill. "Beat to death" requires more details. 1 and 2 confirn no premeditation. 1 confirms intent. 2 is ambiguous on intent. 3 is ambiguous on intent and implies no premeditation but does not confirm it (in the case of premeditation, it typically if confirmed also confirms intent also).

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ThyCorndog
03/15/22 8:35:08 PM
#18:


Manslaughter is basically when you kill someone by accident because you were being reckless. Drunk driving, speeding, giving someone the wrong meds, etc

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