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Sat Mar 6, 2021, 03:32 PM

Courts wrestle with whether manslaughter is always violent


Larry Neumeister, Associated Press
Updated 12:41 pm CST, Saturday, March 6, 2021

NEW YORK (AP) — Once annually, sometimes less, the full federal appeals court in New York meets to confront a perplexing legal question. Most recently, it was to decide whether shooting somebody point-blank in the face and stabbing somebody to death are violent acts.

The 14 judges of the 2nd U.S. Circuit Court of Appeals in Manhattan who heard arguments in U.S. v. Gerald Scott were left to decide how to label the 1998 killings that they agreed were “undoubtedly brutal."

Ultimately, the full court voted 9-to-5 this week to conclude that Scott’s crimes were indeed violent. But their votes came with a robust debate over a legal puzzle that has vexed multiple federal courts — even if, they agreed, the answer might seem like common sense.

A lower-court judge had decided that Scott’s convictions — on manslaughter charges — meant he had not been convicted of a violent crime. He was freed after serving just over 11 years of a 22-year sentence.

More:
https://www.mrt.com/news/article/Courts-wrestle-with-whether-manslaughter-is-16005798.php

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Reply Courts wrestle with whether manslaughter is always violent (Original post)
Judi Lynn Mar 6 OP
pennylane100 Mar 6 #1
Pobeka Mar 6 #2
Martin68 Mar 7 #3

Response to Judi Lynn (Original post)

Sat Mar 6, 2021, 04:00 PM

1. I think a word that includes "slaughter" is a small clue

that it entails violence.

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Response to pennylane100 (Reply #1)

Sat Mar 6, 2021, 04:48 PM

2. Silly me, I thought they were struggling with Trump and COVID deaths being manslaughter. n/t

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Response to pennylane100 (Reply #1)

Sun Mar 7, 2021, 06:07 PM

3. So if you accidentally give an overdose to someone of a medicine they've been prescribed it

isn't manslaughter? I believe manslaughter involves causing the death of another person in a manner less culpable than murder, and observes the distinction between voluntary and involuntary manslaughter. Is death due to arson a "violent" crime? How about killing someone by directing carbon monoxide into their bedroom. Is that a violent crime? It certainly would be homicide/murder.

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