An Unlawful and Unintentional Killing

Unlawful and unintentional killing of a person is “Manslaughter”. Reckless driving and automobiles accidents are examples. It can be “voluntary” and “involuntary”. It depends on the defendant’s intention at the time killing occurred. Though Frank’s intention to hit Tom’s car was intentional, in order to destroy his new car, he didn’t mean to kill Tom. However, he could have done this by hitting an empty car if he just needed to destroy the car. Hitting the car when Tom was inside was understandable that he might get some injuries. Depending upon the severity of the injuries, it can lead to death if left untreated.

In this act of hitting Tom’s car, Frank was quite aware that it will definitely injure him. So his murder can come under voluntary manslaughter. As this was not an unintentional accident but Frank hit Tom’s car “intentionally” to destroy it, while he waited outside his house to hit his car when he’ll drive it. It is quite evident that hitting a car intentionally when one person is sitting inside will cause injuries and even death of that person.

It was not just reckless driving but intentional hitting of a car in which already a person was sitting. The term manslaughter includes brutality of the killing, and in Frank’s case, the killing was not just due to negligent driving. The penalty for this voluntary manslaughter must be greater than a simple conviction for negligent driving (Karaba, 1950). The point is that if a driver hits a car unintentionally by mistake resulting in the death of another person will be guilty of involuntary manslaughter. Reckless driving in an inattentive way and being negligent of the consequences is an offense itself. If this kind of reckless driving results in the death of another person, this will be second-degree manslaughter. Involuntary and unintentional manslaughter is that where the driver’s intentions were not to kill another person or even injure any person (Involuntary manslaughter).

An offender who commits such offense of driving recklessly is “dangerous”, as it’s a matter of common sense that “reckless” and “negligent” driving can result in accidents resulting in death hence disregarding human life and value.

Voluntary manslaughter is first-degree manslaughter (Lawyers.com). In this case, a driver is well aware of the consequences. Driving an automobile in a way that it’s quite evident that a person will be injured or may die is voluntary manslaughter.

In Frank’s case, he was jealous of Tom’s richness. He planned to hit his car. If it was just to destroy the vehicle he could have done this when the car was empty. However, to show others that his hitting was not intentional he waited for Tom to get into the car. Though he hit his car, not with the intention of killing Tom, he was well aware that such an accident will result in some injuries to him. However, injuries could be deep. After hitting Tom’s car, Tom received several injuries and was rushed to hospital where he was left untreated due to rush hours. His internal bleeding started. However, when doctors realized that a substantial amount of internal bleeding has resulted in severe loss of blood, blood transfusion was recommended. Unfortunately, his blood group was very rarely available and blood from blood runners was not possible due to the strike. Tom died. Though, the hospital staff is also responsible for negligence in providing him treatment immediately. Otherwise, it was possible to treat him without any blood transfusion.

Criminal liability of Frank will be voluntary manslaughter for hitting his car intentionally causing serious injuries that resulted in his death.

Works Cited

Frank A. Karaba Negligence Homicide and Manslaughter. Journal of Criminal Law and Criminology (1931-1951), Vol. 41, No. 2 (1950), pp. 183-189. Web.

Involuntary Manslaughter. Web.

Lawyers.com When a Driver’s Actions Amount to Manslaughter. Web.

Cite this paper

Select style

Reference

StudyCorgi. (2022, April 10). An Unlawful and Unintentional Killing. https://studycorgi.com/an-unlawful-and-unintentional-killing/

Work Cited

"An Unlawful and Unintentional Killing." StudyCorgi, 10 Apr. 2022, studycorgi.com/an-unlawful-and-unintentional-killing/.

* Hyperlink the URL after pasting it to your document

References

StudyCorgi. (2022) 'An Unlawful and Unintentional Killing'. 10 April.

1. StudyCorgi. "An Unlawful and Unintentional Killing." April 10, 2022. https://studycorgi.com/an-unlawful-and-unintentional-killing/.


Bibliography


StudyCorgi. "An Unlawful and Unintentional Killing." April 10, 2022. https://studycorgi.com/an-unlawful-and-unintentional-killing/.

References

StudyCorgi. 2022. "An Unlawful and Unintentional Killing." April 10, 2022. https://studycorgi.com/an-unlawful-and-unintentional-killing/.

This paper, “An Unlawful and Unintentional Killing”, was written and voluntary submitted to our free essay database by a straight-A student. Please ensure you properly reference the paper if you're using it to write your assignment.

Before publication, the StudyCorgi editorial team proofread and checked the paper to make sure it meets the highest standards in terms of grammar, punctuation, style, fact accuracy, copyright issues, and inclusive language. Last updated: .

If you are the author of this paper and no longer wish to have it published on StudyCorgi, request the removal. Please use the “Donate your paper” form to submit an essay.