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Barkoff Offline OP
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Was watching the "First 48" last night, they charged a perp with 1 count of Manslaughter and one count of "Attempted Manslaughter".

How can attempted manslaughter NOT be attempted murder? Never heard of it, can any resident lawyers explain that?







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Maybe the guy was laughin when he did it.

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Must've been in Baltimore.


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pre-meditated ?

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Semantics. One State's manslaughter is another State's murder. They do not necessarily mean the same thing. In Texas, for instance, manslaughter is reserved for homicides that don't meet the culpability of murder...like a drunk driver killing somebody and certain acts of temporary insanity.


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Heat of passion.


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Originally Posted by ltppowell
Semantics. One State's manslaughter is another State's murder. They do not necessarily mean the same thing. In Texas, for instance, manslaughter is reserved for homicides that don't meet the culpability of murder...like a drunk driver killing somebody and certain acts of temporary insanity.


Plus, you always charge "lesser included offenses" so you cover all the bases. Juries do strange things and I'd rather the perp do time for the "attempted" than get off scot-free.

Ed


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Barkoff Offline OP
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Originally Posted by ltppowell
Semantics. One State's manslaughter is another State's murder. They do not necessarily mean the same thing. In Texas, for instance, manslaughter is reserved for homicides that don't meet the culpability of murder...like a drunk driver killing somebody and certain acts of temporary insanity.


HMM, I always thought "manslaughter" was the result of irresponsible behavior, but once you attempt, it is no longer a result of your irresponsibility or poor choice, it's an effort on your part.
In regards to "heat of passion", I think that usually falls into murder in the 2nd or an acquittal if you can make that case. In the heat of passion you supposedly can't stop yourself, not attempt to kill.

Any rate, that's the first time I have ever heard of it.








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