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My wife just told me she's neve seen "A Few Good Men"

  • Just watched it again for perhaps the 29th time.

    What I don't get is why wouldn't Dawson and Downey get at least an involuntary manslaughter charge?

    If you kill someone....isn't that almost automatic irregardless of any other circumstances?

    Lawyers of tRCMB chime in.

  • TDot20273 said... (original post)

    Just watched it again for perhaps the 29th time.

    What I don't get is why wouldn't Dawson and Downey get at least an involuntary manslaughter charge?

    If you kill someone....isn't that almost automatic irregardless of any other circumstances?

    Lawyers of tRCMB chime in.

    If you touch someone who has a rare disease that causes them to catch your germs and die, should you be charged with murder? If you play pin the tail on the donkey with your neighbor's kids and one of them spins around and gets dizzy and falls and hits his head but has a bone density problem and his brain swells and he dies, should you be charged with manslaughter?

    The law is not clear. Each jurisdiction is different. Ultimately someone will decide whether your actions that resulted in another's death were such that you should be punished or not. They come up with all kinds of negligence tests and reasonable person tests, but it is very subjective. Why didn't Dawson and Downey get an involuntary manslaughter charge? Because the prosecution was aiming higher and therefore did not charge them with such, thus they could not be retried for such after the fact. At one time prosecution was willing to offer a lessor charge if they plead guilty but once rejected that charge was not part of the charges that Dawson and Downey were facing. The reason that the prosecution doesn't just throw every possible charge at someone is because if they do they must also prove each element of each charge, making the job much more difficult.