Posts Tagged ‘involuntary manslaughter’

INVOLUNTARY MANSLAUGHTER VERDICT IN BART KILLING

Friday, July 9th, 2010

A Los Angeles convi

cted a white former transit officer of involuntary manslaughter in the shooting death of an unarmed black man on an Oakland train platform. Johannes Mehserle was found guilty on Thursday in the New Year’s Day 2009 killing of 22-year-old Oscar Grant. Involuntary manslaughter carries a sentence of two to four years.

The California Penal Code section 192 defines manslaughter as follows:

Manslaughter is the unlawful killing of a human being without malice. It is of three kinds:

(a) Voluntary–upon a sudden quarrel or heat of passion.

(b) 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 and circumspection. This subdivision shall not apply to acts committed in the driving of a vehicle.

(c) Vehicular–

(1) Except as provided in subdivision (a) of Section 191.5, driving a vehicle in the commission of an unlawful act, not amounting to felony, and with gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, and with gross negligence.

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LOS ANGELES DISTRICT ATTORNEYS OFFICE CHARGES JACKSON PHYSICIAN WITH INVOLUNTARY MANSLAUGHTER

Tuesday, February 9th, 2010

The Los Angeles District Attorney charged Dr Murray with involuntary manslaughter.  He now faces up to four years in jail if convicted.  The California Penal Code defines Manslaughter as the unlawful killing of a human being without malice.  Involuntary manslaughter is defined as a killing “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 and circumspection.”  Apparently, Dr. Murray administered a powerful sedative to Jackson in an effort to help him sleep.  Dr. Murray was allowed to surrender himself at court in Los Angeles without being handcuffed.  As he walked into court he was jeered by fans of the singer who hoisted banners including “Justice for Michael.”  Jacksons parents Joe and Katherine, and siblings Tito, LaToya and Jermaine also arrived at court. Asked if he was the happy with the charge, Jermaine Jackson said: “It’s not enough.”

The California Jury Instructions (CALCRIM 581) define the crime of voluntary manslaughter as follows:
To prove that the defendant is guilty of this crime, the People must prove that:

1. The defendant (committed a crime that posed a high risk of death or great bodily injury because of the way in which it was committed/ [or] committed a lawful act, but acted with criminal negligence);AND

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