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A Breakdown Of Oklahoma's Manslaughter Charge

9/22/2016

Comments

 
Manslaughter in the First Degree
First degree manslaughter is defined in 21 O.S. § 711, and it occurs when a death results from one of three specific criteria:
​
  1. When perpetrated without a design to effect death by a person while engaged in the commission of a misdemeanor.
  2. When perpetrated without a design to effect death, and in a heat of passion, but in a cruel and unusual manner, or by means of a dangerous weapon; unless it is committed under such circumstances as constitute excusable or justifiable homicide.
  3. When perpetrated unnecessarily either while resisting an attempt by the person killed to commit a crime, or after such attempt shall have failed.

  Manslaughter charges are charged instead of murder charges when specific actions committed “without a design to effect death” claim the life of another person.

 These words separate manslaughter from the “malice aforethought” or “imminently dangerous” actions “evincing a depraved mind” stipulated in first and second degree murder charges.
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Betty Shelby is charged with 1st Degree Manslaughter in the death of Terence Crutcher.

  Furthermore, not all deaths perpetrated in an attempt to resist a crime constitute self-defense. Justifiable homicide occurs when a person kills another who is posing an imminent risk to one’s own life or safety. Homicide in defense of property, or when use of lethal force is excessive and unnecessary to prevent the crime, would likely be criminally charged as first degree manslaughter. 
​
  In the subsequent statute, Oklahoma law states that an intoxicated physician who provides treatment that results in the death of the patient is also charged with first degree manslaughter.


The minimum penalty for first degree manslaughter is four years in the state penitentiary.
Lawfirm of Oklahoma provided this excerpt. You can read more at their website.
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    David Van Risseghem reports the events and adds some perspective. 


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