Intent has NEVER been a factor in a Manslaughter charge. The difference between voluntary and involuntary manslaughter was the whether the act was accidental or voluntary. Not whether the intended outcome was lethal. Officer Potter CHOSE to Tase the victim. She ACCIDENTALLY drew her weapon instead of her Taser and shot the victim. That is a classic textbook example of Involuntary Manslaughter. Now Minnesota has charges of First or Second degree Manslaughter. There may be some differences between definitions for these charges compared to generic manslaughter charges. What will likely get this case tossed on appeal is the stupid jury finding her guilty of BOTH first and second degree manslaughter. It tends to be one or the other....not both. But she definitely committed a felony level crime when she shot the victim.
Intent has NEVER been a factor in a Manslaughter charge. The difference between voluntary and involuntary manslaughter was the whether
ReplyDeletethe act was accidental or voluntary. Not whether the intended outcome was lethal. Officer Potter CHOSE to Tase the victim. She ACCIDENTALLY drew her weapon instead of her Taser and shot the victim. That is a classic textbook example of Involuntary Manslaughter. Now Minnesota has charges of First or Second degree Manslaughter. There may be some differences between definitions for these charges compared to generic manslaughter charges. What will likely get this case tossed on appeal is the stupid jury finding her guilty of BOTH first and second degree manslaughter. It tends to be one or the other....not both. But she definitely committed a felony level crime when she shot the victim.
As I remember, the law in this state throws out the lesser of the two charges.
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