Overview
ch 31
please respond to Brianna with 150. words
In common law, the intentions behind the case will define it as murder or manslaughter. Murder usually involves a person planning out the actions even with the knowledge of what the consequences may be. There are three different forms of murder. This would include first-degree, second-degree, and third-degree murder. Manslaughter would be the killing of someone within the heat of the moment, or with generally no prior intent. There are two forms of manslaughter, involuntary and voluntary. Involuntary manslaughter means there was no thought whatsoever when committing the killing. Voluntary manslaughter means there was some thought during the killing, but not prior.
A scenario that reflects a murder would be: A woman is in a heated argument with a coworker over a promotion. After a week of conflict, the woman confronts the coworker to resolve the matter. She goes to the coworker's office with a gun and purposely shoots him in the chest, which results in his death. This is murder because the woman premeditated the murder and intentionally killed her coworker with malice. There was a clear intention to cause death. This makes it a more deliberate and planned action.
A scenario that reflects manslaughter would be: Mark and James are out at a bar, and they are drinking. After too many drinks, they get into a physical altercation. James pushes Mark, who then trips and accidentally knocks over a table. This table then falls onto James’ head, causing a fatal injury. In this case, Mark’s intention was not to kill James but was an act of recklessness in the heat of the moment during a physical altercation. This could be considered manslaughter, as Make did not intend to kill James. The death was not a result of malice or deliberate intent of murder, but rather an unintentional outcome of reckless behavior in a heightened emotional state.