Law School Discussion

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Thistle

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Re: Husband kills wife's lover, she's indicted for manslaughter.
« Reply #10 on: April 03, 2007, 12:39:41 PM »
The husband was not in imminent danger and the man was fleeing the scene, allowing time for one or the other to call police.

Ooh, how did I get sucked into this? :-\


imminent danger is a self-defense affirmation.  heat-of-passion arguments wouldnt apply. 

Re: Husband kills wife's lover, she's indicted for manslaughter.
« Reply #11 on: April 04, 2007, 10:26:54 AM »
I guess determining passion depends on whether or not the wife could reasonably foresee the consequences of telling her husband she was raped. Did the guy have a history of violence or a short temper? He can't claim it was "passion" if he was acting on the belief his wife was in imminent danger. But she was indicted on manslaughter charges.

I'm out of my depth here, talking off the top of my head, but I'm going to keep going and rely on you all to pull me back in somewhere.

If she knew her husband had a gun for protection, and could reasonably infer he would use it, and lied to him, I guess that makes him the weapon. But wouldn't that be criminally negligent homicide?

I guess it would depend if passion is defined as acting out of fear.

Thistle

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Re: Husband kills wife's lover, she's indicted for manslaughter.
« Reply #12 on: April 04, 2007, 05:31:18 PM »
I guess determining passion depends on whether or not the wife could reasonably foresee the consequences of telling her husband she was raped. Did the guy have a history of violence or a short temper? He can't claim it was "passion" if he was acting on the belief his wife was in imminent danger. But she was indicted on manslaughter charges.

I'm out of my depth here, talking off the top of my head, but I'm going to keep going and rely on you all to pull me back in somewhere.

If she knew her husband had a gun for protection, and could reasonably infer he would use it, and lied to him, I guess that makes him the weapon. But wouldn't that be criminally negligent homicide?

I guess it would depend if passion is defined as acting out of fear.


we discussed this in crim law.  under both the common law and the mpc, the heat-of-passion defense would reduce the charge from murder to manslaughter.  (voluntary under common law).  the defense of others is a self-defense argument, meaning no charges.

she was charged because recklessness is a part of the elements of manslaughter.  she should have known her husband well enough to foresee what he would do when she yelled rape.  her charges could also be negligent homicide.

so, since the husband on his wife's yelling of rape, his was considered an honest and reasonable mistake -- therefore no charges. 

Julie Fern

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Re: Husband kills wife's lover, she's indicted for manslaughter.
« Reply #13 on: April 05, 2007, 07:06:40 AM »
unprotected sex very risky.

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Re: Husband kills wife's lover, she's indicted for manslaughter.
« Reply #14 on: April 05, 2007, 02:39:40 PM »
that what julie pussydick's parents still saying... :D :D :D


Julie Fern

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Re: Husband kills wife's lover, she's indicted for manslaughter.
« Reply #15 on: April 05, 2007, 05:23:31 PM »
not you worry, goats immune from prosecution.

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Re: Husband kills wife's lover, she's indicted for manslaughter.
« Reply #16 on: April 07, 2007, 11:47:24 AM »
you not worry either..julie pussdick parents just sad their baby turned out to be pussdick...


Julie Fern

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Re: Husband kills wife's lover, she's indicted for manslaughter.
« Reply #17 on: April 21, 2007, 11:52:17 AM »
putz.