Just assume that the death was not intended.
2007-07-07 17:55:24 · 23 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Manslaughter I guess.
2007-07-07 17:57:24 · answer #1 · answered by Anonymous · 0⤊ 0⤋
The courts don't look at it that way (when you say assume that death was not intended). If someone deliberately sets a fire then they are an arsonist, now if people were inside the house when the fire was set it is assumed that murder was the intention of the arsonist. Yes the person WILL be charged with murder. If the court deems that the fire was deliberate but the death was not then the charge would be second degree murder.
2007-07-08 00:59:12 · answer #2 · answered by Lydia W 2 · 1⤊ 0⤋
Yes. It's called the Felony Murder Rule. If in the commission of a felony (which Arson is) any person dies as a direct result of the intended act, the subject to committed the intended act is guilty of murder, even though they didn't intend to hurt or kill someone.
That's why if a group of folks rob a bank and someone gets killed inside the bank... the driver of the car, who wasn't even IN the bank, can be charged with murder...
2007-07-08 02:23:41 · answer #3 · answered by Amy S 6 · 0⤊ 0⤋
Murder is defined as the wrongful killing of another, with intent and malice aforethought, and no legal excuse or defense. Since intent and malice are missing, no murder charge. If the death resulted from an attempt to commit fraud on the insurance company, then the felony murder rule might apply, but that only gives you malice and there is still no intent.
2007-07-08 01:17:51 · answer #4 · answered by Jeffrey V 4 · 0⤊ 0⤋
Yes of course..
Had a case here a few years back.. seems these people were angry at this woman.. and set the apt on fire..
She was next door at the time partying and had left her two kids sleeping next door.. both died in the fire..
They were convicted for the murder of the children..
2007-07-08 00:59:16 · answer #5 · answered by Rebel 5 · 0⤊ 0⤋
Yes, even if someone dies fighting the fire or if the fire spreads and kills someone in another structure. They died because of something illegal and hazardous the person who started the fire did. That person is responsible for everything that happens as a result of his actions, intentional or not.
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2007-07-08 01:37:34 · answer #6 · answered by Jacob W 7 · 0⤊ 0⤋
It depends on the state. Each state has different definitions and degrees of "murder" "manslaughter". Premediated, unintentionally, self-preservation, etc. Have to look at your state's laws. But they will definitely be held for arson and those carry their own rules. So best advise is talk to an attorney if it happened and explain who, what, why, how and why; then see what the attorney says.
2007-07-08 01:08:04 · answer #7 · answered by nashniki 4 · 0⤊ 0⤋
Yes because even if it wasn't intended, the person still set the fire which killed someone. Wouldn't be first degree but would be second or third I believe.
2007-07-08 00:59:26 · answer #8 · answered by Nick A 2 · 0⤊ 0⤋
Purpose not intent is the question here. If the fire itself was set accidentally then its a tragedy but not murder. If the arsonist is caught then any deaths resulting in his actions would indeed be termed homicide.
2007-07-08 01:07:01 · answer #9 · answered by Emissary 6 · 0⤊ 0⤋
Then the man would be convicted for 3rd degree manslaughter, Arson, and also if somebody else was hurt then aggravated assault. Plus, if he doesn't have insurance then he has to pay for all damages and lost possessions. My mom is a lawyer so thats how I know all this
2007-07-08 01:06:30 · answer #10 · answered by Wyatt F 2 · 0⤊ 0⤋
yes intended or not he still created a fire which lead to the death of someone.
2007-07-08 00:59:46 · answer #11 · answered by Anonymous · 0⤊ 0⤋