• MalReynolds@slrpnk.net
    link
    fedilink
    English
    arrow-up
    7
    ·
    4 months ago

    Isn’t this what manslaughter is for, if you want the conviction ? I get why mens rea may not apply here, but bringing it into question may make it viable next time, which would be worthy (or likely I don’t understand law well enough).

    • Barbarian@sh.itjust.works
      link
      fedilink
      arrow-up
      1
      ·
      4 months ago

      I’m not a lawyer, first of all! I’m not very knowledgeable either.

      Mens rea, as far as I understand it, definitely doesn’t apply here. Bringing it into question undermines the case if you’re trying to build a conviction around it. Better to have a wide variety of provable smaller claims than one big ticket item you’re doomed to fail, as far as I understand it.

      • MalReynolds@slrpnk.net
        link
        fedilink
        English
        arrow-up
        2
        ·
        4 months ago

        Wasn’t saying it applies, just that it’s required for murder (1st degree anyway) as the headline spoke. You’re probably righter than me, though.