A New York judge sentenced a woman who pleaded guilty to fatally shoving an 87-year-old Broadway singing coach onto a Manhattan sidewalk to six months more in prison than the eight years that had been previously reached in a plea deal.

  • Cethin@lemmy.zip
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    1 year ago

    That requires intent. I’m pretty certain intent can’t be implied in this case. She pushed her and she fell, but was old and frail and died. She did not kill her on purpose. It’s involuntary.

    • Bluescluestoothpaste@sh.itjust.works
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      1 year ago

      That’s exactly the manslaughter part. She voluntarily shoved her, which is a crime, with the unintended consequence of homicide.

      If she intended to kill her, that would rise to murder.

      • Cethin@lemmy.zip
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        1 year ago

        We’re talking about a different nations laws and it’s defined differently. I’m done if you aren’t going to read the details of the thing you literally posted. Read the things it links to.

        • Bluescluestoothpaste@sh.itjust.works
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          1 year ago

          Yes, the thing you and I both read: “A person who causes the death of another person through negligence”

          Shoving someone on purpose is not negligence. It’s a voluntary, intentional act. Hence, voluntary manslaughter, in Sweden called Dråp.

          • Cethin@lemmy.zip
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            1 year ago

            Manslaughter (Dråp) (roughly corresponds to voluntary manslaughter).

            Voluntary manslaughter state of mind requirment:

            Intent to kill:

            Voluntary manslaughter requires the same intent as murder. The charge of murder is reduced to manslaughter when the defendant’s culpability for the crime is “negated” or mitigated by adequate provocation.

            If you accidentally kill someone without intent, it isn’t voluntary manslaughter. If someone pisses you off and you intend to kill them and you do, then it is. Pushing someone and then ending up dead is not that most likely. The intent was not death most likely. It was injury.

            • Bluescluestoothpaste@sh.itjust.works
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              1 year ago

              If someone pisses you off and you intend to kill them and you do

              That’s murder. Listen man, you obviously never studied criminal law, just read the wiki on manslaughter. The whole point of voluntary manslaughter is you intentionally assault someone but didn’t mean for them to die. If you did something negligent, (make a turn in a car without looking) and kill someone, that’s involuntary manslaughter, aka negligent homicide.