This is actually happening where I live!! A 63 year old man and a 65 year old man got into a fight. They threw a couple punches, but mainly it was just verbal. The 65 year old man ended up having a heart attack and died. Is it right to charge the other man with 2nd degree murder or possibly manslaughter???
2006-10-27 06:38:27 · 10 answers · asked by tiece20 2 in Politics & Government ➔ Law & Ethics
No way, not right on any planet or any dimension. The 65 y.o. could have had the heart attack just as easily by picking up a doughnut.
But, this is the type of thing DA's do when the prisons are run by for profit corporations. More prisoners = more money.
2006-10-27 07:23:42 · answer #1 · answered by Manny 6 · 0⤊ 0⤋
You are stuck if your victim is much weaker than you reasonably believed. So if the 63 years old cannot establish self-defense, then he can be tried for murder (but the DA will have discretion to seek a lesser charge).
2006-10-27 13:46:26 · answer #2 · answered by Brand X 6 · 0⤊ 1⤋
its not the 63 yr. mans fault the 65 yr. had a heart attack.
NO CHARGE FOR THE 63Yr. MAN
2006-10-27 13:46:28 · answer #3 · answered by ~natural~ 3 · 1⤊ 0⤋
I would not prosecute if I was the DA. Does society really need to be protected from this sixty-three year old, heart attack causing menace? This is nothing more than a freak coincidence.
2006-10-27 13:41:21 · answer #4 · answered by msi_cord 7 · 1⤊ 1⤋
Was a crime committed? YES (Battery charges for the fight)
Did someone die during the commission of a crime? YES
According to law, if someone dies during the commission of a crime, then the person(s) committing the crime can be charged in the death of the person. Example: 2 punks go into liquor store to rob it, clerk shoots 1 punk, 2nd punk is charged in the death of punk#1.
2006-10-27 13:43:46 · answer #5 · answered by stephen p 4 · 1⤊ 1⤋
depends if he started the fight or if the other man was already sick and had some signs of potenial heart attack
2006-10-27 13:42:20 · answer #6 · answered by GIRL HUNTER 2 · 0⤊ 1⤋
Who started it and why? I wouldn't think that anyone should be charged anything. "Know when to walk away". But that's how old bastards are!
2006-10-27 13:40:40 · answer #7 · answered by TJD 4 · 1⤊ 1⤋
no it is not right... a heart attack may happen when you watch TV or clean your coat.... it is not confined just to fighting experience.
2006-10-27 13:45:49 · answer #8 · answered by alexandredz 3 · 0⤊ 1⤋
sometimes old people just really piss me off!
but other times they can be funny, like your example.
2006-10-27 13:46:30 · answer #9 · answered by retiredpimp06 1 · 0⤊ 0⤋
not imo.
2006-10-27 13:45:40 · answer #10 · answered by soussa 1 · 0⤊ 1⤋