I watched a film the other night that led me ponder this hypothetical situation...
A woman gets shot. She recovers, but the location of the bullet (in her head) is precarious and it is decided that it should not be removed. There is a very small chance that it may move if she receives say a severe blow to the head...but a bigger chance that she will die from it being removed. Hubby is with her when she is informed of this.
A year later, they get into a domestic of some sort and hubby loses it for the first time and slaps her hard around the head. Within minutes, she is in pain and slowly falls into unconsciousness. Over the course of the next couple of hours she dies of a massive brain haemorrhage (sp?). It turns out she died, not from the slap but because the bullet suddenly and recently moving (tissue damage proven to be very new) DUE to the force of the slap.
Could hubby be charged with manslaughter? Is this because of his actions or because of his knowledge (that the bullet could move with force)? Would this even get to criminal court? I know it's an odd question...but it was an odd movie lol. Curious.
C
- Camille
- 09-09-2010, 01:42 AM
- Natalie Reign
- 09-09-2010, 02:18 AM
Without knowing any other facts, and without knowing what state or venue this case would take place in...
If I were the DA would argue that the husband committed, at the very least, involuntary manslaughter, and would seek an indictment on the charge immediately. But... my position may change drastically given the introduction of additional information or evidence. I might stick with involuntary manslaughter, increase the charge to voluntary manslaughter, or even go big with a murder charge. It all depends on the husband's state of mind during the time period leading up to and immediately preceding his wife's death.
A truly intelligent and persuasive DA could reasonably argue that the husband committed murder. If I were the DA, I would thoroughly investigate the state of the relationship for days, weeks and even months leading up to the assault. The husband's actual knowledge that a blow to his wife's head would create an opportunity, however small, for the bullet to dislodge and cause severe or fatal damage, could be considered an avenue for premeditated murder. The husband's state of mind at the time of the assault is a significant factor. If the prosecution could prove malice - an intent to kill or the knowledge that one's actions are likely to result in death - and would therefore open him up to the murder/homicide charge.
So much depends on mens rea, and the details surrounding the domestic situation and the actual events of that night. It sounds like an interesting film... what was it called?
If I were the DA would argue that the husband committed, at the very least, involuntary manslaughter, and would seek an indictment on the charge immediately. But... my position may change drastically given the introduction of additional information or evidence. I might stick with involuntary manslaughter, increase the charge to voluntary manslaughter, or even go big with a murder charge. It all depends on the husband's state of mind during the time period leading up to and immediately preceding his wife's death.
A truly intelligent and persuasive DA could reasonably argue that the husband committed murder. If I were the DA, I would thoroughly investigate the state of the relationship for days, weeks and even months leading up to the assault. The husband's actual knowledge that a blow to his wife's head would create an opportunity, however small, for the bullet to dislodge and cause severe or fatal damage, could be considered an avenue for premeditated murder. The husband's state of mind at the time of the assault is a significant factor. If the prosecution could prove malice - an intent to kill or the knowledge that one's actions are likely to result in death - and would therefore open him up to the murder/homicide charge.
So much depends on mens rea, and the details surrounding the domestic situation and the actual events of that night. It sounds like an interesting film... what was it called?
- charlestudor2005
- 09-09-2010, 07:01 PM
The original shooter is the murderer. He just skated from the charge as long as she lived.
The husband might be found guilty of assault, but probably not homicide. Or spousal abuse depending on the situation.
The husband might be found guilty of assault, but probably not homicide. Or spousal abuse depending on the situation.
- TexTushHog
- 09-10-2010, 12:27 AM
Post in the legal forum. That's where you're likely to get good answers.
- Camille
- 09-10-2010, 11:37 AM
I didn't realize there was a legal forum. Thanks.
Natalie..thanks. I asked because I thought that was the direction the fiilm was going to take..but it swerved off elsewhere. Your answer is interesting..and yes, I never thought about how it might be approached from state to state. Good point.
Thanks also Charles for your comments
C xx
Natalie..thanks. I asked because I thought that was the direction the fiilm was going to take..but it swerved off elsewhere. Your answer is interesting..and yes, I never thought about how it might be approached from state to state. Good point.
Thanks also Charles for your comments
C xx