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When are the parameters of manslaughter?

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Varine

Junior Member
What is the name of your state (Oregon)?

I know that it'll vary from state to state (like the felony murder rule and California's system where you get out after ten years regardless of what you do), but in general what are the parameters for homicide to be classified as manslaughter instead of murder? Like I've heard that if you kill someone after finding your wife cheating on them or something it can be dropped to manslaughter. But I've met this one guy who said he was convicted of murder because he killed the person who his daughter said raped him (I managed the warehouse of a furniture store for a while and met a lot of really weird people, and I'm pretty sure that just about every driver was a felon and couldn't get a better job than driving for them. One of them couldn't read and a couple times they backed into the building and broke something and they never seemed to get fired, it amazed me), and that sounds a little bit weird to me kinda but I don't have kids and cry every time I get stopped for anything. Anyway, I'm just wondering the general guidelines that separates the two.

Also is double jeopardy a real thing? Because I saw that movie and I've been wondering why that TV show is called Jeopardy because it has the Double Jeopardy thing... nevermind.
 


FlyingRon

Senior Member
There's an out in the Oregon Murder law that lowers it to manslaughter for "extreme emotional disturbance." There's tons of other things that affect whether it will be charged as murder or manslaughter including intent, whether other crimes are being committed, if this is a child abuse case, etc...

Double Jeopardy comes (as far as the US is concerned) from the Fifth Amendment to the Constitution:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.​

Art Fleming's use of the term notwithstanding.
 

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