Seemed almost inevitable he would be found guilty, both with the media coverage, public outrage, and more importantly the evidence against him. What I am a little confused about is how he was found guilty of 2nd and 3rd degree murder..and manslaughter.Surely there is a distinction between the three?
I looked them up
second degree murder
n. a non-premeditated killing, resulting from an assault in which death of the victim was a distinct possibility. Second degree murder is different from First Degree Murder which is a premeditated, intentional killing, or results from a vicious crime such as arson, rape, or armed robbery. Exact distinctions on degree vary by state. (See:
murder,
first degree murder,
manslaughter)
Third-degree murder is a category of
murder defined in
the laws of three
states in the United States:
Florida,
Minnesota, and
Pennsylvania. It was formerly defined in
New Mexico (which once had five degrees of murder) and
Wisconsin. Depending on the state, third-degree murder may include
felony murder regardless of the underlying felony, felony murder only where the underlying felony is non-violent, or
depraved-heart murder, meaning that
intent to kill is not an
element of the offense of third-degree murder in any state which defines it. It is punishable by a maximum of 40 years of imprisonment in Florida (in the case of a violent
career criminal) and Pennsylvania, and 25 years' imprisonment in Minnesota.
Manslaughter is a
common law legal term for
homicide considered by law as less
culpable than
murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker
Draco in the 7th century BC.
[1]
The definition of manslaughter differs among legal
jurisdictions.
Manslaughter cover various types and I assume it must be this one
Criminally negligent[edit]
Main article:
Negligent homicide
Criminally negligent manslaughter is variously referred to as
criminally negligent homicide in the
United States, and
gross negligence manslaughter in
England and Wales. In
Scotland and some
Commonwealth of Nations jurisdictions the offence of
culpable homicide might apply.
It occurs where death results from serious
negligence, or, in some jurisdictions, serious
recklessness. A high degree of negligence is required to warrant criminal liability.
[14] A related concept is that of
willful blindness, which is where a defendant intentionally puts themselves in a position where they will be unaware of facts which would render them liable.
Criminally negligent manslaughter occurs where there is an omission to act when there is a duty to do so, or a failure to perform a duty owed, which leads to a death. The existence of the duty is essential because the law does not impose criminal liability for a failure to act unless a specific duty is owed to the victim. It is most common in the case of professionals who are grossly negligent in the course of their employment. An example is where a doctor fails to notice a patient's oxygen supply has disconnected and the patient dies (
R v Adomako and "R v Perreau").
[15] Another example could be leaving a child locked in a car on a hot day
Ok think I answered my own question, though third degree is still a little vague