Posts Tagged ‘homicide’

Was the Homicide of Michael Jackson, Murder or Manslaughter?

Tuesday, August 25th, 2009

The L.A. Coroner’s Office has classified the death of Michael Jackson as a Homicide.

The Associated Press reports that Los Angeles Chief Medical Examiner-Coroner, Dr. Lakshmanan Sathyavagiswaran’s initial autopsy findings show that Michael Jackson died from a high dosage of a powerful sedative. According to the reports, Jackson’s death was caused by lethal levels of propofol (Diprivan), a drug that depresses the central nervous system. Apparently, the cause of death may be due to the actions of a single night and/or a single doctor, or the grossly negligent treatment of several doctors over an extended period of time. The law defines homicide as the death of a human being and an unlawful act which was a cause of that death.

Should the death of Michael Jackson be classified as murder defined by California Penal code section 187 (the unlawful killing of a human being with malice aforethought) or manslaughter defined by California Penal Code section 192 (the unlawful killing of a human being without malice)?

The law defines two kinds of manslaughter, voluntary, upon a sudden quarrel or heat of passion and involuntary, in the commission of an unlawful act not amounting to felony; or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution or circumspection.

By: Fay Arfa, Los Angeles Criminal Defense Attorney

Should the police be able to lie to get a confession?

Friday, May 15th, 2009

In the case of People v. Mays issued on May 8, 2009 [Case No. C057099], the police questioned Mr. Mays about his involvement in a homicide. The defendant denied guilt and asked for a lie detector test. The police agreed to give him the test and then set up a fake polygraph and generated fake results showing the defendant lied. The defendant then made several incriminating statements.

The California Court of Appeals, Third Appellate District in Sacramento, upholds the conviction and finds that the police can lie, unless it’s coercive or is the kind of lie that would produce a false confession. The California Court of Appeals finds the fake polygraph would not have produced a false confession and that the defendant’s statements were voluntary and not coerced.