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originally posted by: JIMC5499
This was an open and shut case of Involuntary Manslaughter. The Prosecutor never charged him with that. He charged him with Murder. The Jury was not allowed to find him guilty of lesser charges. It was Murder or nothing. They knew that they could not get a guilty verdict for Murder.
With the political views out there the reasons are not hard to figure out.
originally posted by: Shamrock6
...there’s no guarantee that the pin block is in place and that the hammer is in the intercept notch.
Homicide, Murder, Manslaughter Distinctions
Homicide during the commission of a felony often results in a murder charge rather than a manslaughter charge. When a killing occurred during the commission of a crime that is not a felony, the prosecutor must prove that the defendant had a criminal intent to commit the underlying unlawful act. If the defendant did not intend to engage in the crime that resulted in homicide, the state may be unable to prove involuntary manslaughter. The defendant may be able to establish a lack of intent by showing a reasonable mistake or lack of knowledge.
An involuntary manslaughter can also happen during lawful activities that occur recklessly, carelessly, or unreasonably. A prosecutor might prosecute a defendant for a homicide that occurred due to the defendant's careless behavior related to what would otherwise be a lawful activity. Example: Michael Jackson's doctor was charged with involuntary manslaughter after the singer's death. The state based its criminal charges on the doctor's prescription of sedative drugs taken by Michael Jackson. Prescribing drugs is generally a lawful activity. To prove involuntary manslaughter, the state only needs to show that the doctor acted recklessly or carelessly; the state does not need to prove that the doctor intended to kill.
Overview of California Involuntary Manslaughter Laws
The following chart provides an overview of the California involuntary manslaughter laws, defenses, and potential penalties resulting from a conviction:
Statute California Penal Code Sections 187-199
Accidental killing without reckless conduct
See Involuntary Manslaughter Defenses for more details.
Penalties and Sentences
California state laws include separate punishments for: voluntary manslaughter, involuntary manslaughter, and vehicular manslaughter.
Involuntary manslaughter generally leads to a felony conviction which may be punished by a term of imprisonment for two, three, or four years in county jail or state prison.
The state may consider the defendant's prior or current felony conviction record when determining the defendant's punishment.
originally posted by: Shamrock6
Weird how when somebody sticks to what I said rather than making up what I must really mean, it’s not all that confusing
originally posted by: Boadicea
a reply to: Shamrock6
Thank you... I still don't exactly understand except that apparently in certain conditions it may not function as intended.
That's enough for me. I won't ask you to explain again!
Alls you need to know is that that firearm will not fire without having the trigger pulled in some way shape or form.