I am reading an article about how a male babysat for his live in girlfriend while she was at work. And he threw her baby around and I think they said he shook the baby. It's a really sad story... but he's charged for manslaughter rather than murder. Just wanted to know the difference.
2006-10-18 05:26:40 · 19 answers · asked by Janine 3 in Politics & Government ➔ Law Enforcement & Police
Intention = murder
negligence = manslaughter
2006-10-18 05:29:12 · answer #1 · answered by Jaylaw 3 · 1⤊ 0⤋
I guess you already have enough answers about the technical differences about manslaughter and murder
The main reason he prob got charged for manslaughter and not murder is in the burden of proof. The burden is on the prosecution to establish that “without a doubt” he intended to murder the child. Sometimes very difficult to do even if the outcome is beaten so bad they died. If they cant prove without a doubt the intention was there the murderer will walk free – lack of proof or even not guilty.
In many cases it is easier to prove that the persons action is the cause of death – it may nor may not be intentional. But it can easily proven “without a doubt”, so the murder will be charged and will face consequences. (not as bad in many cases – but manslaughter charges can carry large penalties with it – dependant on case and judge).
In this case it may be easier to prove manslaughter and the judge has the freedom to impose a penalty that is comparable to a murder charge. So that way the “burden of proof is lower” but the penalty is still great.
2006-10-18 05:42:31 · answer #2 · answered by smartypantsmbcanada 3 · 0⤊ 0⤋
It depends on the states statutes, Manslaughter is usually a reckless or negligent act. But the definitions will vary from state to state. Murder can also be reckless or negligent (unintentional) if there are other factors. A good example is Felony Murder, which is causing the death of another during the course of the commission of a felony.
2006-10-18 06:09:17 · answer #3 · answered by strangedaze23 3 · 0⤊ 0⤋
each state is a little different in definitions but basically the difference is intent. If you do something stupid or by accident or by negligence that causes the death of someone its normally manslaughter. If it can be proven you intended to kill someone then its murder. Its a bit more complicated than that but that's essentially the difference. At least in California anyway.
2006-10-18 05:31:43 · answer #4 · answered by mike s 1 · 0⤊ 0⤋
Manslaughter is an excuse. Throwing a little baby through the air is at least attempted murder.
2006-10-18 05:30:49 · answer #5 · answered by taogent 2 · 0⤊ 0⤋
I believe manslaughter is when you kill someone on accident or it's not as premeditated as murder can be. For instance, if I were to kill someone in a car accident. I didn't mean to kill that person with my car but it happen and instead of being charged murder (because it wasn't intentional) I'd be charged with manslaughter.
2006-10-18 05:42:19 · answer #6 · answered by Mrs_Rivera2U 2 · 0⤊ 0⤋
It all comes down to INTENT. Murder is with intent to commit the crime. Manslaughter is the taking of a life without intent.
2006-10-18 05:30:23 · answer #7 · answered by Gettin_by 3 · 0⤊ 0⤋
The difference is the fee that the lawyer Will receive to plea bargain for manslaughter rather than murder for his or her client
2006-10-18 07:35:06 · answer #8 · answered by comission90 2 · 0⤊ 0⤋
Manslaughter is to cause the death of a person by one's actions without intending to kill the person. It's not the same as an "accident." The baby died as a result of the man's actions, but it was not his intent to kill the baby.
Murder is to cause the death of a person with intent to kill the person.
2006-10-18 05:39:29 · answer #9 · answered by sonyack 6 · 0⤊ 0⤋
Intent. Murder is usually premeditated, Manslaughter is more spontaneous.
2006-10-18 05:34:24 · answer #10 · answered by Spirit Walker 5 · 0⤊ 0⤋