All good points, however, the cut line between manslaughter and murder can be a very fine one.
I expect prosecution will try for murder 1 with manslaughter as the fallback position. The fine points of what happened will have to be displayed to the jury, and the judge, at trial. There appears to be good cause to charge murder1 because the burden of Mens Rea can be a very short time span... such as the time the deceased was exiting the scene, until the shooter made the decision to shoot him in the back multiple times... If there were only one shot, perhaps that could be argued as "heat of the moment" action... but logic says multiple shots into the retreating party demonstrates good cause for Mens Rae [intent followed by the act]. I retreat to my status as Citizen and pass this to the courts at this time.. my TV is resting in 280 feet of water at the bottom of the lake. If anything worth watching comes on, I will retrieve it. On Fri, Apr 10, 2015 at 12:45 PM, Mitch Haley <mi...@mitchellhaley.com> wrote: > Rich Thomas wrote: > > I have also seen commentary regarding the murder charge -- murder >> apparently requires aforethought, which was probably not present here, so >> that manslaughter might be the more appropriate charge. i don't know what >> the prosecutor is going to charge him with. >> > > I thought that under the laws of most (maybe all) states, Murder in the > First Degree requires malice aforethought, but Murder 2 can happen in the > heat of the moment. Manslaughter is when you're criminally responsible but > didn't intend to kill. > > Mitch. > > > _______________________________________ > http://www.okiebenz.com > > To search list archives http://www.okiebenz.com/archive/ > > To Unsubscribe or change delivery options go to: > http://mail.okiebenz.com/mailman/listinfo/mercedes_okiebenz.com > > _______________________________________ http://www.okiebenz.com To search list archives http://www.okiebenz.com/archive/ To Unsubscribe or change delivery options go to: http://mail.okiebenz.com/mailman/listinfo/mercedes_okiebenz.com
