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Old 12-18-2012, 12:31 PM   #21
meanmachine13
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Manslaughter charge comes into play when a death is caused during the commission of an illegal act. I dont know the details of the new manslaughter case, but, for example, if the accused planned to break into this "flophouse" and killed the person during the break-in, then its manslaughter not first/second degree murder because the intent was to break-in, not to kill someone. Which at the end of the day, isnt a bad sentence because it has no minimum sentence, so he could potentially receive a life sentence.
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Old 12-18-2012, 12:41 PM   #22
valo403
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Quote:
Originally Posted by meanmachine13 View Post
Manslaughter charge comes into play when a death is caused during the commission of an illegal act. I dont know the details of the new manslaughter case, but, for example, if the accused planned to break into this "flophouse" and killed the person during the break-in, then its manslaughter not first/second degree murder because the intent was to break-in, not to kill someone. Which at the end of the day, isnt a bad sentence because it has no minimum sentence, so he could potentially receive a life sentence.
That's going to vary by jurisdiction. Common Law has the felony murder doctrine, which classifies a death that occurs in the course of a dangerous felony (usually including burglary, robbery, rape, arson or kidnapping) as murder.

Manslaughter is typically a homicide that is not a murder, but again, it will vary by jurisdiction.
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