Here the terminology is simpler than yours with 'degrees' of murder.
Premeditated killing - murder. The judge decides appropriate
sentence, dependant on circumstances.
Beat someone up in a bar fight and they die - manslaughter. You
didn't intend to kill but you should have been aware that your
behaviour or intent to harm could lead to death.
It is possible for a nasty case of manslaughter to draw a heavier
sentence than a case of murder with substantial provocation - but rare.
But, and it's a big but. It was discovered that juries were reluctant
tot convict drivers of manslaughter, unless they were particularly
nasty individuals. The theory was that jurors were sitting there
thinking that it was an accident and it could have happen to the
juror themselves but for luck - after all, most of us have driven
with a few too many drinks inside us at some time. It was impossible
to impanel a juror so smug and self-righteous that they would cast
the first stone.
Thus the charge of 'culpable driving' - driving in a recklessly
guilty manner leading to death or injury. It can draw a heavy
sentence but usually does not on the grounds that the individual has
been stupid rather than malicious. Naturally, the families of victims
are usually irate at the short sentences but that's seen as
preferable to no conviction at all.
Andrew Fildes
afildes@xxxxxxxxxxxxx
On 01/09/2007, at 9:35 AM, Chris Crawford wrote:
> Yeah to me involuntary means it was an accident and thus shouldn't be
> punished, so I never understood the meaning of that term. The term
> manslughter means when you kill someone in a way that was your
> fault and
> that you deserve to be punished for, but its not murder cause you
> didn't
> plan it to happen. Like when a drunk driver kills someone in a car
> accident.
> They deserve punishment for driving drunk but it isnt murder cause
> the guy
> didn't hit the victim with intention to kill.
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