NY woman who fatally shoved singing coach, age 87, is sentenced to more time in prison than expected
NY woman who fatally shoved singing coach, age 87, is sentenced to more time in prison than expected
More time has been tacked onto an eight-year prison sentence for a New York woman who fatally shoved an 87-year-old Broadway singing coach.
A New York judge sentenced a woman who pleaded guilty to fatally shoving an 87-year-old Broadway singing coach onto a Manhattan sidewalk to six months more in prison than the eight years that had been previously reached in a plea deal.
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We have the data that it LIKELY won't, but that just means we need to do better with our prisoners and rehab programs. It's not an excuse to let someone who killed someone right back onto the streets.
Are other countries with better rehab programs letting manslaughter convicts out in less than four years?
https://en.m.wikipedia.org/wiki/Murder_in_Swedish_law
Apparently in Sweden you get 6-10 for manslaughter.
Looks like it'd be this one, so yeah they are more lenient:
Causing the death of another (Vållande till annans död, literally 'causing another's death'). It roughly corresponds to negligent homicide or involuntary manslaughter. The law reads: "A person who causes the death of another person through negligence is guilty of causing the death of another and is sentenced [...]" The punishment for Vållande till annans död is:
A fine (day-fines) if the crime is petty,
Any prison term up to 2 years, or
Any prison term between 1 year and 6 years "if the offence is gross".[2]
We're talking about voluntary manslaughter. "Drap" or whatever. That's 6-10 in Sweden.
That requires intent. I'm pretty certain intent can't be implied in this case. She pushed her and she fell, but was old and frail and died. She did not kill her on purpose. It's involuntary.
That's exactly the manslaughter part. She voluntarily shoved her, which is a crime, with the unintended consequence of homicide.
If she intended to kill her, that would rise to murder.
We're talking about a different nations laws and it's defined differently. I'm done if you aren't going to read the details of the thing you literally posted. Read the things it links to.
Yes, the thing you and I both read: "A person who causes the death of another person through negligence"
Shoving someone on purpose is not negligence. It's a voluntary, intentional act. Hence, voluntary manslaughter, in Sweden called Dråp.
Manslaughter (Dråp) (roughly corresponds to voluntary manslaughter).
Voluntary manslaughter state of mind requirment:
Intent to kill:
Voluntary manslaughter requires the same intent as murder. The charge of murder is reduced to manslaughter when the defendant's culpability for the crime is "negated" or mitigated by adequate provocation.
If you accidentally kill someone without intent, it isn't voluntary manslaughter. If someone pisses you off and you intend to kill them and you do, then it is. Pushing someone and then ending up dead is not that most likely. The intent was not death most likely. It was injury.
If someone pisses you off and you intend to kill them and you do
That's murder. Listen man, you obviously never studied criminal law, just read the wiki on manslaughter. The whole point of voluntary manslaughter is you intentionally assault someone but didn't mean for them to die. If you did something negligent, (make a turn in a car without looking) and kill someone, that's involuntary manslaughter, aka negligent homicide.