tragedy....

[xaq141175]

Originally Posted by Damien

First of all as far as I know unintentional manslaughter doesn't exist I mean intentional manslaughter would be murder all manslaughter is unintentional

No, manslaughter and murder are not the same, they are seperate charges, and unintentional manslaughter does exist, it's more commonly refered to as 'involuntary manslaughter'. Unintentional manslaughter is when someone does something that results in death but the activity that lead to it isn't likely to lead to death. Manslaughter is when you do something that is likely to lead to death but you didn't intend to cause death. Murder is when you intend to cause death and perfrom an act to fullfill that intent. Laws deal with both THE ACT and THE INTENT (mens rea and actus reus).

second of all he didn't do it on purpose and it was the effects of drug abuse and now she has to live with herself also she is not going to kill another child as she didnt want to in the first place

she didn't intend to kill her child but she acted in a way that lead to death. we are responsible for out actions regardless of intent. the only defense she might have is 'non compus mentus' meaning she could not be held responsible for her actions for some reason.

i think drug addicts should be held responsible for thier actions as they are responsible for thier addiction, being addicted to drugs is not like developing cancer or a mental illness in that it's ones actions that lead to the addiction and is avoidable.

you have no idea what she will or will not do in the future. however i think that druggies tend to repeat thier past behaviours.

[Xaccers]

Interesting poing about non compus mentus and drug addicts.
What about a paranoid schizophrinic who doesn't take their medication and then kills someone?

I think you're right tho in that she won't be able to use it as an excuse, otherwise drink drivers would be able to use the same reason to get away with death by drink driving charges (Sorry guv I was intoxicated and non compus mentus)

Originally Posted by Xaccers

Interesting poing about non compus mentus and drug addicts.
What about a paranoid schizophrinic who doesn't take their medication and then kills someone?

"A schizophrenic who tried to kill two women by pushing them off a Tube platform has been sent to a mental hospital indefinitely."

http://news.bbc.co.uk/2/hi/uk_news/e...on/3595053.stm

The only problem being is that under the current system AIUI, if someone has a problem that's "incurable" they can be released back into the community!!

[xaq141175]

Originally Posted by Xaccers

What about a paranoid schizophrinic who doesn't take their medication and then kills someone?

They are mentally ill and cannot be held responsible for thier own treatment ... although I'm not sure what the legal position of that would be. Thats the position I'd hold if I were on a jury. Should still be taken off the streets though.