Manslaughter

OF COMMON PLEAS OF WESTMORELAND COUNTY COMMONWEALTH OF PENNSYLVNAIA, Plaintiff v. Crim. No. 5678 of 2015 GUETTER BALL, Defendant MEMORANDUM OF LAW IN THE CONVICTION OF INVOLUNTARY MANSLAUGHTER The Defendant has been charged with involuntary manslaughter, this is from his actions on December 12, 2015. Guetter Ball [hereinafter, “Ball”] was running across a road trying to evade Officer Tray Bagger [hereinafter, “Officer Bagger”] when Bagger was struck by car driving on the road, being driven by Headea Pinn [hereinafter, “Pinn”]. The Commonwealth intends to certify the verdict given to Ball, with the Involuntary Manslaughter. It will use the support from the actual case with Ball because if it was not for his actions, Bagger…

It also referred to as unintentional killings through commission of a crime other than a felony. Voluntary manslaughter occurs when a murder charge is reduced to manslaughter because of justifying circumstances like heat of passion or moderated capacity to reduce a charge (England, n.d). Vehicular manslaughter is a crime that is charged to a driver who had no intent to kill or cause bodily harm while operating a vehicle. This act itself is viewed as criminal negligence, also known as gross…

Where criminal homicide is concerned, it can further be broken down into murder, manslaughter, and negligent homicide. Each subset of criminal homicide has several elements and characteristics that distinguish one from another. Murder is defined as the unlawful, malicious, and premeditated killing of another human being. For the purpose of law, the term ‘malice’ refers to a willful and intentional act without just cause, and ‘premeditated’…

Manslaughter has two forms, involuntary and voluntary. Involuntary manslaughter refers to a killing that is unintentional that results from recklessness or criminal negligence. An example of involuntary manslaughter is when a person in driving down the road over the speed limit and wrecks the vehicle, killing a passenger. There was no intent to kill the passenger, but the reckless driving was the cause. Voluntary manslaughter refers to killing another person without any intent during the…

Was he or was he not insane? That is the question many scholars ask today about Shakespeare's play, The Tragedy of Hamlet, Prince of Denmark: Did Hamlet go insane? An article that helped me develop my thesis stated: “The diminished capacity plea is based in the belief that certain people, because of mental impairment or disease, are simply incapable of reaching the mental state required to commit a particular crime. In the example of murder and manslaughter, a diminished capacity defense…

pertaining to crime can face life in prison with or without the possibility of parole depending upon the state’s regulations and the situation’s and circumstances (What are the different types of homicides, n.d.) Manslaughter charges are reserved for the accused that did not plan the crime nor did he or she intended for the victim to die based upon their actions. Manslaughter charges are usually from accidental circumstances where a person died due to an event that occurred and it get out of…

little. This theory is a little far fetched but you never know in today’s society. By far, the theory that this was all a planned attack to bring more people to accept higher gun control laws. Once looking further into the conspiracy, evidence just started to pile up for me and I was able to see how so many people believe that this did not happen at all and was indeed a planned attack. For beginners, I started with looking into the crime rates in Connecticut. I came across a very odd chart.…

First degree murder is the killing of another with malice aforethought by poison, torture, lying in wait, or during a felony act. Second degree murder involves all other types of murder that cannot be classified as first degree murder. Manslaughter is homicide without malice aforethought. Voluntary manslaughters is a killing of another person, in response to heated situation. The elements of provocation are: the provocation must have been such, that a reasonable person would have acted…

Carl is liable for the deaths of both Shona and Gilbert. Even though he most likely did not mean to kill Shona when she tumbled down the stairs, he still would liable for the offence of reckless manslaughter by the loss of control. As for Gilbert, he intentionally hit him over the head resulting in his death and giving rise to the offence of homicide. The physical conduct prohibited by a crime is the actus reus. Carl’s acts to ‘hurl himself’ at Shona and ‘hit Gilbert over the head’ with a…

Loss of control is a partial defence to murder and is governed by the Coroners and Justice Act 2009 and in section 54. This is the latest defences that has been substitute with the old common law defence of provocation. The Coroners and Justice Act 2009 has made some momentous amendments to the law on voluntary manslaughter. The bill of Coroners and Justice was brought into the House of Commons on 14th of January 2009.The act of sections 54 to 56 was brought in force on the 4th of October 2010.…