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Can you be charged with attempted manslaughter?
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Can you be charged with attempted manslaughter?

i always thought manslaughter was when you accidentally kill someone, so, how can you intentionally attempt to kill someone, with it still being manslaughter???? or does it not even exist... (i though it heard someone talk about it though..)


    




2010-01-30 18:46:07 +0000
Rating
maybe you can, driving very very fast drunk with a passenger could be attempted manslaughter i guess. probably depends on the situation.


2010-01-30 18:58:07 +0000
You do something in a wrekless manner that could be lethal or was life threatening but without a premeditated intent.

Suppose that you had a loaded gun on your front seat of the car and some one cut you off. (I know the loaded gun is illegal etc but for this example lets not dwell on why its there) You grab the gun without thinking and fire a round at them in a fit of road rage to scare them and hit them. Depending where you hit them you could have killed them. But lets say you hit them in the arm.

This eaxmple is not premeditated because the gun was loaded and you did a reaction without thinking about it. Now if the gun was unloaded and you stopped to load it then aim and fire you would be charged with attempted murder because it took some premeditation (thought) to complete the act. You had time to think about loading the gun then persue your target.

Again in this example the manslaughter charge also os filed because you were taking wreckless action. You could hve fired the gun as a warning shot in a direction away from them and others. (Let say no one else was around for miles) In which case you would be charge with unlawful discharge of a firearm. But instead in your rage you fired at the individual in the general direction without taking aim (Taking aim is premeditation)


Another example would be speedingat a wreckless rate and getting into an accident. Lets say you drive at over 100mph to get away from the police and you get into an accident with a car at a cross street and that person nearly dies. They end up in the hospital and would have died if it were not for medical attention.

You did not intend to kill that person, and you did not premeditate nor show malice towards the individual. Yet your actions nearly killed someone. The attempted part is the excessive rate of speed where you know that getting into an accident at such a speed can be fatal to others. This is going past 15mph above the limit. The fact that the person you struck did not die means that it wasn't manslaughter. But by driving at such a rate and getting into an accident you attempted it.. Attempted manslaughter then becomes a tool to charge an individual with a serious crime rather than having straight manslaughter charges dropped.

Would you rather the individual die inorder to put the offender in jail? Or would you like to see a stiff penality for nearly killing someone?


2010-01-30 19:02:11 +0000
Manslaughter is defined as the unintentional killing of another human, or death without malice aforethought. (Biggie words huh?)

Anyway, no. Possible but not probable. And I say possible because just about the time I think that I have seen it all.........


2010-01-30 18:53:25 +0000
Rating
No. If the "victim" is still alive, there's no manslaughter, hence no such thing as attempted manslaughter.


2010-01-30 18:45:23 +0000
You can attempt to hurt someone, without intending to kill them. If you do, you get charged with manslaughter.


2010-01-30 18:44:56 +0000
No. There's no such thing as "attempted manslaughter". You can't "attempt" an accident. If it's attempted, then it's attempted MURDER.


2010-01-30 18:54:21 +0000
My Dad was a cop and he said he has never heard of it...





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