Re:Grand Jury Votes to Indict Donald Trump
by einpoklum on Friday March 31, 2023 @10:38AM
(#35387827)
> and likely can't have murder 2 either and are probably stuck with involuntary manslaughter.
Can you refer to an explanation of this? Or to some case law explaining the non-attribution of volition?
Re:Grand Jury Votes to Indict Donald Trump
by abigail95 on Friday March 31, 2023 @11:18PM
(#35396733)
> cannot find any evidence of your intent to hurt that person
in CA second degree murder is the unlawful killing of a human being that is done without deliberation and premeditation, but with malice aforethought (or with an intent to commit an act)
if there is literally zero evidence available as to intent, it cant be murder.
you can't have direct evidence of someones alertness or state of mind, only circumstantial.
the direct evidence from witness testimony is only needed if the shooting is disputed.
assuming the shooting is proven, with no evidence of intent, you can't have murder 1, and likely can't have murder 2 either and are probably stuck with involuntary manslaughter.
obviously it depends on the state.
however even manslaughter requires some requisite knowledge and intention of what you are doing - but proving something like insanity or incapacity is usually on the defense to prove.