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what is the difference between manslaughter & murder?

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saraveza408

Junior Member
What is the name of your state? Ca
I was wondering what is the difference between manslaughter & murder?Ive researched it on the internet but im wondering if any of u can put it in basic english for me.Please & thank you!
 


Happy Trails

Senior Member
saraveza408 said:
What is the name of your state? Ca
I was wondering what is the difference between manslaughter & murder?Ive researched it on the internet but im wondering if any of u can put it in basic english for me.Please & thank you!
Is this homework?
 

Happy Trails

Senior Member
saraveza408 said:
no....see my post "murdering on a weekend pass"
Yes, I did see your other thread. I'm so sorry for your loss.

This section in the California statutes will tell you the definitions, etc..

http://caselaw.lp.findlaw.com/cacodes/pen/187-199.html

Go to sections 187 and 192.

187. (a) Murder is the unlawful killing of a human being, or a fetus, with malice aforethought. . .


192. Manslaughter is the unlawful killing of a human being without malice. . . .
 

weenor

Senior Member
saraveza408 said:
What is the name of your state? Ca
I was wondering what is the difference between manslaughter & murder?Ive researched it on the internet but im wondering if any of u can put it in basic english for me.Please & thank you!
Scienter/Intent - Manslaughter is to be grossly negligent in causing the death of another...murder means at the very least you intended to cause something close to the result.
 

saraveza408

Junior Member
Ok those last few posts really helped me.So for those who read my post "murder on a weekend pass" what do you think he could be charged with?According to the definitions of murder & manslaughter it seems to me that he'd be charged with murder not manslaughter.But Im really not confident that i fully understand the terms of each.But wouldnt manslaughter carry a heavier sentence?And also I dont quite get what the difference between murder in the 1st degree & 2nd degree & so on.and what suing the state or city?Is that an option?Who is responsible for that killing minor?
 

Happy Trails

Senior Member
saraveza408 said:
Ok those last few posts really helped me.So for those who read my post "murder on a weekend pass" what do you think he could be charged with?According to the definitions of murder & manslaughter it seems to me that he'd be charged with murder not manslaughter.But Im really not confident that i fully understand the terms of each.But wouldnt manslaughter carry a heavier sentence?And also I dont quite get what the difference between murder in the 1st degree & 2nd degree & so on.and what suing the state or city?Is that an option?Who is responsible for that killing minor?
I have no idea which one it will end up being. I only have the story you provided and some research I did on my own. All the facts have to be known, such as did they know each other, did the boys go there with the intent to start trouble and hurt someone, or was this a random thing that got out of control? What does the tape reveal? You mentioned you and the others went outside and you caught it on tape. Was this after the attack? We don't know what transpired leading up to it. ETC...

The gradings of the degree of murder would depend on what the facts are. For example, someone who kills in self-defense should not get the same charge as a serial killer.....

Your questions really cannot be answered on an internet board without the facts. Also you need to remember that both sides will have a different story.

Again, I'm sorry for you and your family's loss.
 

saraveza408

Junior Member
well i totally understand that the many details of this are needed to "picture" what happened and there are just so many details that a forum couldnt really help.Dont get me wrong....all ive heard from my original post has given me a lot more information than I had before.These guys who did it were strangers & they are the ones who instigated it & the video shows that all clearly.
Ok so now im wondering who is responsible for these minors when they are granted a weekend furlough?
And is there a possibility our family might have a wrongful death suit we could pursue?And who would we sue?
 

rmet4nzkx

Senior Member
saraveza408 said:
well i totally understand that the many details of this are needed to "picture" what happened and there are just so many details that a forum couldnt really help.Dont get me wrong....all ive heard from my original post has given me a lot more information than I had before.These guys who did it were strangers & they are the ones who instigated it & the video shows that all clearly.
Ok so now im wondering who is responsible for these minors when they are granted a weekend furlough?
And is there a possibility our family might have a wrongful death suit we could pursue?And who would we sue?
The parents of the minors. Also contact the DA office and ask for the Victim's of Crime program.
 

Happy Trails

Senior Member
Consult with an attorney whose practice is in "Personal Injury and Wrongful Death" cases. He/she will be able to review the facts and will know who to sue.
 
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