Wimp prosecutor?

**Kadagar_AV** · 03-13-2014, 18:47

Originally Posted by Kagemusha

To me that is manslaughter. Man died because of the violence projected towards him by other individual. The killer did not seem have planned to kill the victim, so it is not a murder. So to me this case was a manslaughter.

Sweden is very lax, but even here that would be second degree murder. First degree murder is if it's planned.

**Kagemusha** · 03-13-2014, 19:29

Originally Posted by Kadagar_AV

Sweden is very lax, but even here that would be second degree murder. First degree murder is if it's planned.

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We have very simplified judicial terms terms when it comes to killing people. Maybe it is a language issue? We only have murha = murder, tappo = manslaughter, surma = old term not much used anymore and kuolemantuottamus = involuntary manslaughter.

**Kadagar_AV** · 03-13-2014, 19:47

Originally Posted by Kagemusha

'
We have very simplified judicial terms terms when it comes to killing people. Maybe it is a language issue? We only have murha = murder, tappo = manslaughter, surma = old term not much used anymore and kuolemantuottamus = involuntary manslaughter.

1 degree murder (planned in cold blood)
2 degree murder (unplanned)
manslaughter (You SHOULD have known better)
causing someone else's death (You probably didn't know better)

I think this system makes sense. I guess this COULD be manslaughter, I am absolutely no legal expert. However, if you continue to beat a guy after he is knocked out it sure as hell seem like unplanned murder.

**Kagemusha** · 03-13-2014, 19:56

Originally Posted by Kadagar_AV

1 degree murder (planned in cold blood)
2 degree murder (unplanned)
manslaughter (You SHOULD have known better)
causing someone else's death (You probably didn't know better)

I think this system makes sense. I guess this COULD be manslaughter, I am absolutely no legal expert. However, if you continue to beat a guy after he is knocked out it sure as hell seem like unplanned murder.

In the terms you are using. I think the 2nd degree sounds right to me. But i am no expert either in legal affairs.

**Crazed Rabbit** · 03-14-2014, 05:24

I agree, this sounds more like second degree murder - mainly because he didn't just punch the guy once and then let up.

CR

**Sarmatian** · 03-14-2014, 08:39

Without knowing more details, it's hard to classify. It could be a manslaughter, if the intention was just to beat him up real good and it might be be classed as a 2nd degree murder. It's up to the prosecution. Maybe it's better to err on the side of caution in cases such as this.

**The Lurker Below** · 03-16-2014, 17:09

Originally Posted by Sarmatian

Without knowing more details, it's hard to classify. It could be a manslaughter, if the intention was just to beat him up real good and it might be be classed as a 2nd degree murder. It's up to the prosecution. Maybe it's better to err on the side of caution in cases such as this.

I agree that it's better to err on the side of caution. I am just disappointed with the prosecutor because her role in this err to push for the highest possible conviction, the defense attorney then pushes for the lowest possible conviction, and the judgment (erring on the side of caution) ends up being somewhere in between. This prosecutor failed her role in the process.