A New York judge sentenced a woman who pleaded guilty to fatally shoving an 87-year-old Broadway singing coach onto a Manhattan sidewalk to six months more in prison than the eight years that had been previously reached in a plea deal.

  • Bluescluestoothpaste
    link
    fedilink
    arrow-up
    1
    ·
    1 year ago

    We’re talking about voluntary manslaughter. “Drap” or whatever. That’s 6-10 in Sweden.

    • Cethin@lemmy.zip
      link
      fedilink
      English
      arrow-up
      2
      ·
      1 year ago

      That requires intent. I’m pretty certain intent can’t be implied in this case. She pushed her and she fell, but was old and frail and died. She did not kill her on purpose. It’s involuntary.

      • Bluescluestoothpaste
        link
        fedilink
        arrow-up
        1
        ·
        edit-2
        1 year ago

        That’s exactly the manslaughter part. She voluntarily shoved her, which is a crime, with the unintended consequence of homicide.

        If she intended to kill her, that would rise to murder.

        • Cethin@lemmy.zip
          link
          fedilink
          English
          arrow-up
          1
          ·
          1 year ago

          We’re talking about a different nations laws and it’s defined differently. I’m done if you aren’t going to read the details of the thing you literally posted. Read the things it links to.

          • Bluescluestoothpaste
            link
            fedilink
            arrow-up
            2
            ·
            1 year ago

            Yes, the thing you and I both read: “A person who causes the death of another person through negligence”

            Shoving someone on purpose is not negligence. It’s a voluntary, intentional act. Hence, voluntary manslaughter, in Sweden called Dråp.

            • Cethin@lemmy.zip
              link
              fedilink
              English
              arrow-up
              1
              ·
              edit-2
              1 year ago

              Manslaughter (Dråp) (roughly corresponds to voluntary manslaughter).

              Voluntary manslaughter state of mind requirment:

              Intent to kill:

              Voluntary manslaughter requires the same intent as murder. The charge of murder is reduced to manslaughter when the defendant’s culpability for the crime is “negated” or mitigated by adequate provocation.

              If you accidentally kill someone without intent, it isn’t voluntary manslaughter. If someone pisses you off and you intend to kill them and you do, then it is. Pushing someone and then ending up dead is not that most likely. The intent was not death most likely. It was injury.

              • Bluescluestoothpaste
                link
                fedilink
                arrow-up
                1
                ·
                1 year ago

                If someone pisses you off and you intend to kill them and you do

                That’s murder. Listen man, you obviously never studied criminal law, just read the wiki on manslaughter. The whole point of voluntary manslaughter is you intentionally assault someone but didn’t mean for them to die. If you did something negligent, (make a turn in a car without looking) and kill someone, that’s involuntary manslaughter, aka negligent homicide.