Talk:Manslaughter
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[edit] Australian negligent homicide?
Who put in that comment that Australian law does not recognize criminally negligent homicide? It most assuredly does. Queensland does not recognize recklessness as part of the fault element for murder (but Vic and NSW do). - Richardcavell 14:50, 25 March 2006 (UTC)
- Forgive me but I am not quite sure how Australian law works. Do I understand you to say that Australian law units charge "criminally negligent homicide" or "reckless homicide" rather than murder or manslaughter? if so, I think you should be adding this material to the homicide page rather than confusing foreigners on this manslaughter page. David91 17:25, 25 March 2006 (UTC)
- Recklessness is sufficient for a charge of murder in Victoria and NSW, but not in Qld. 'Criminally negligent homicide', so far as I'm aware, is simply a description of involuntary manslaughter.
- So should this geographical explanation of recklessness not be on the murder page rather than the manslaughter page? And, if the charge of "criminally negligent homicide" is unknown to Australian law, perhaps you could change the wording in the article to refer to manslaughter. David91 19:04, 25 March 2006 (UTC)
[edit] Mens Rea
Mens rea is not the latin for "guilty mind". Mens means "mind", but rea comes from the root "res" which means thing. Thus, literally translated, mens rea means "mind directed towards the thing". A more succinct definition, and the one which is most commonly used is, "intention". —The preceding unsigned comment was added by 86.17.129.137 (talk • contribs) 22:42, 4 May 2006 (UTC)
- No, reus is a distinct word from res. The Online English to Latin to English Dictionary defines reus as "defendant, accused, answerable, bound". --Trovatore 05:42, 24 July 2006 (UTC)
[edit] US law
I'd like to see some more on US law in regards to Manslaughter. The Jade Knight 20:21, 26 January 2006 (UTC)
The section on US law seems hopeless given the wide state-by-state variation, of which nothing is mentioned. I'm especially suspicious of the equation of manslaughter with criminally negligent homicide. If we're to believe the usually well-researched show Law and Order, New York has two degrees of murder, two of manslaughter, and criminally negligent homicide, which is a lesser offense than manslaughter. It might be correct for Texas, which I think (based just on newspaper articles when I lived there) has a much simpler scheme with only three offenses, called capital murder, murder, and criminally negligent homicide. --Trovatore 18:35, 27 May 2006 (UTC)
In Texas a person is guilty of manslaughter if he or she "recklessly causes the death of an individual." Tex. Penal Code @ 19.05 (2005). A person is guilty of criminally negligent homicide if he or she "causes the death of an individual by criminal negligence." Tex. Penal Code @ 19.06 (1005). Manney 14:37, 25 August 2006 (UTC)
As a Brit my first reaction to the article was that it is too focused on US law, despite the odd reference to English and Scottish law (I believe the term originated at the end of the 16th century because so many people were being killed in London pub brawls). There is so much variation in individual implementations of manslaughter law that it doesn't make sense to try to document any of them. The article should be shortened, concentrating on the central concept of manslaughter, but a section dealing with the evolution of the legal concept should be added. --80.176.142.11 (talk) 23:36, 14 May 2008 (UTC)
[edit] Merge with "Voluntary Manslaughter"
I support that suggestion. The existing article for voluntary manslaughter needs to be heavily revised and shortened, then merged. --Miss Dark 1:02, 24 July 2006
I agree, merge the articles Manney 14:31, 25 August 2006 (UTC)
Perhaps clarification to the law(s)of Involuntary Manslaughter, Vehicular Manslaughter or any other relevant law which may or may not apply to government employees, such as state police troopers through vehicular negligent cases which results in death while on duty, is needed. This, which should be addressed and is necessary to support current favortism accusations from my county's general public! Is there anyone out there interested in this one? It is the morality of law that is involved, not the law or situation itself. Jeffrey Feigers of the world, get ready for this one.... To learn more, research the Trooper Sweenie case in Michigan's Sanilac County, the heart of Sandusky. The October 10the edition of the Sanilac County News finalizes the long over due decision of the investigation. A wife and two small children are waiting for you.
- Oppose - I just added a redirect from nonegligent manslaughter which the FBI uses in its Uniform Crime Reports and is confusing to laymen. This article explains it. Americasroof 03:13, 25 October 2006 (UTC)
- Unfortunatly, the section in this article on volunatry manslaughter is much better than the whole article, which looks like a junior high book report.Mneumisi 19:31, 27 March 2007 (UTC)
[edit] I don't get it...
Who drops a brick off a damn bridge!? —The preceding unsigned comment was added by 24.224.253.86 (talk) 00:56, 29 April 2007 (UTC).
- There was a case of exactly that, some years ago in the Netherlands. I'm not going to look it up but I'm quite sure it happened; somebody got killed in a car accident caused by some youngsters dropping bricks off a bridge. I also recall that they got a ridiculously small sentence: six years jail or something, which in practice probably means they're not in jail as of this day. Wouter Lievens 11:55, 2 October 2007 (UTC)
- There have been several cases of it. What I'm wondering is whether someone's guilty of a crime if they throw bricks off a bridge and fail to cause any damage despite a considerable probability of doing so. Any ideas? 82.24.189.88 (talk) 20:43, 27 November 2007 (UTC)
[edit] Man's LAughter
Could it mention the fact that if you read it wrong it is Man's Laughter and alot of young people read it this way.
And has there been any discussion over whether the term is sexist and should be referred to as "personslaughter" instead? --Denise from the Cosby Show 04:57, 10 July 2007 (UTC)
If there has been then I'm sure that the term 'Reasonable Man' will have been questioned under the same item.
[edit] Less than negligence?
What exactly would be involuntary manslaughter that isn't exactly negligence? For example:
What if a man is on a ladder and his partner is standing beside it, and a loud noise distracts the man on the ground and as he turns around to look, he accidentally knocks the ladder over with a protruding body part while the other man is on it? Would that be able to be called negligence or would it be considered a less serious offense, as it was merely a "fatal accident"?
GaeMFreeK 01:08, 26 August 2007 (UTC)
Depends how tall the ladder is, I suppose. Negligence in criminal law, according to its own article here on Wikipedia, defines itself as 'careless, inattentive, neglectful, willfully blind, or in the case of gross negligence what would have been reckless in any other defendant'. It's unlikely in the example that you give that someone would find negligence. Accident is far more likely. If, for example, the man was standing on a 20ft ladder, which his friend had set up precariously (and unsafely) on top of a brick wall, but never turned his mind to the fact that it's a bit stupid to balance ladders on top of brick walls, and his friend fell off and died, that would be involuntary manslaughter. LudBob 04:32, 8 November 2007 (UTC)
[edit] Complete defense?
What does the term 'complete defense' mean? Is there also something called an incomplete defense? —Preceding unsigned comment added by 24.132.252.217 (talk) 12:25, 29 May 2008 (UTC)
