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…
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…
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…
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…
Kirstin had the opportunity to take a plea deal for manslaughter which would’ve led to her getting sentenced 3 years tops. Kirstin declined the offer because she felt that it wouldn’t be right for her plead guilty to a crime she never committed. (Sherrer) There were 6 prongs to the trial; each prong explained what part Kirstin played in Duran Bailey’s murder. These prongs including: the murder weapon, the assaults being the same type of assault, methods/arguments based on how the murder took…
Commonwealth of Virginia, Graham was convicted of murder of the first degree. He tried to appeal and say that he wasn’t guilty of murder but the Supreme Court of Virginia upheld their decision. In the end, Graham was prosecuted and correctly punished with 40 years in prison. This case falls under section 18.2-30: Murder and manslaughter declared felonies of the Code of Virginia law. 18.2-30. is defined as when any person who commits capital murder, murder of the first degree, murder of the…
His crimes may fall into the categories of involuntary manslaughter as, according to the Criminal Code of Canada, it is defined to be, “Culpable homicide that otherwise would be murder may be reduced to manslaughter if the person who committed it did so in the heat of passion caused by sudden provocation.”3 However, the ‘sudden provocation’ was the brain activity in Parks’ time of sleepwalking instead. Even though Kenneth Parks was ‘asleep’ during his violent actions, it does not change the fact…
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…
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…