My understanding of the law regarding taking another life is very confused. It was my understanding causing death is manslaughter. If it is premeditated its murder. Premeditated murder is a nonesense as murder is already premeditated by definition.
So this guy just gets found not guilty of murder but guilty of manslaughter. He reckons she may be alive, she ran away. He will not get parole until he reveals where the body is.
Seems a lot of doubt and premedotated to me so wtf is going on with a manslaughter conviction? Also, thought it was either Either, prosecution had to choose what to proceed with; manslaughter or murder ie can't do both.
Any (ex) copper, lawyer types here who can explain wtf the law is saying here?
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I am confused too. What are you referring to?
PontifexMarximus
Level 8
Sep 9, 2019
0
Technically, as I understand, a consideration has to be made between ‘mens rea’ (intention) and ‘actus reus’ (guilty act). Was the criminality in mind (premeditated i. e. planned and considered ), or a spur of the moment act.
Geoffrey51
Level 8
Sep 9, 2019
0
In the absence of the victims's body prosectutory authoritues tend to pursue the manslaughter avenue... I find that reading strange... I guess they lure the perpetrator into a guilty plea for manslaughter.
@PontifexMarximus That could be right. The Reid Technique could probably make that happen under the circumstance.
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