this post was submitted on 02 Oct 2023
413 points (96.0% liked)

News

22896 readers
4631 users here now

Welcome to the News community!

Rules:

1. Be civil


Attack the argument, not the person. No racism/sexism/bigotry. Good faith argumentation only. This includes accusing another user of being a bot or paid actor. Trolling is uncivil and is grounds for removal and/or a community ban.


2. All posts should contain a source (url) that is as reliable and unbiased as possible and must only contain one link.


Obvious right or left wing sources will be removed at the mods discretion. We have an actively updated blocklist, which you can see here: https://lemmy.world/post/2246130 if you feel like any website is missing, contact the mods. Supporting links can be added in comments or posted seperately but not to the post body.


3. No bots, spam or self-promotion.


Only approved bots, which follow the guidelines for bots set by the instance, are allowed.


4. Post titles should be the same as the article used as source.


Posts which titles don’t match the source won’t be removed, but the autoMod will notify you, and if your title misrepresents the original article, the post will be deleted. If the site changed their headline, the bot might still contact you, just ignore it, we won’t delete your post.


5. Only recent news is allowed.


Posts must be news from the most recent 30 days.


6. All posts must be news articles.


No opinion pieces, Listicles, editorials or celebrity gossip is allowed. All posts will be judged on a case-by-case basis.


7. No duplicate posts.


If a source you used was already posted by someone else, the autoMod will leave a message. Please remove your post if the autoMod is correct. If the post that matches your post is very old, we refer you to rule 5.


8. Misinformation is prohibited.


Misinformation / propaganda is strictly prohibited. Any comment or post containing or linking to misinformation will be removed. If you feel that your post has been removed in error, credible sources must be provided.


9. No link shorteners.


The auto mod will contact you if a link shortener is detected, please delete your post if they are right.


10. Don't copy entire article in your post body


For copyright reasons, you are not allowed to copy an entire article into your post body. This is an instance wide rule, that is strictly enforced in this community.

founded 1 year ago
MODERATORS
 

A New York judge sentenced a woman who pleaded guilty to fatally shoving an 87-year-old Broadway singing coach onto a Manhattan sidewalk to six months more in prison than the eight years that had been previously reached in a plea deal.

you are viewing a single comment's thread
view the rest of the comments
[–] [email protected] 1 points 11 months ago* (last edited 11 months ago) (1 children)

We have the data that it LIKELY won't, but that just means we need to do better with our prisoners and rehab programs. It's not an excuse to let someone who killed someone right back onto the streets.

Are other countries with better rehab programs letting manslaughter convicts out in less than four years?

https://en.m.wikipedia.org/wiki/Murder_in_Swedish_law

Apparently in Sweden you get 6-10 for manslaughter.

[–] Cethin 1 points 11 months ago (1 children)

Looks like it'd be this one, so yeah they are more lenient:

Causing the death of another (Vållande till annans död, literally 'causing another's death'). It roughly corresponds to negligent homicide or involuntary manslaughter. The law reads: "A person who causes the death of another person through negligence is guilty of causing the death of another and is sentenced [...]" The punishment for Vållande till annans död is:

A fine (day-fines) if the crime is petty,

Any prison term up to 2 years, or

Any prison term between 1 year and 6 years "if the offence is gross".[2]

[–] [email protected] 1 points 11 months ago (1 children)

We're talking about voluntary manslaughter. "Drap" or whatever. That's 6-10 in Sweden.

[–] Cethin 2 points 11 months ago (1 children)

That requires intent. I'm pretty certain intent can't be implied in this case. She pushed her and she fell, but was old and frail and died. She did not kill her on purpose. It's involuntary.

[–] [email protected] 1 points 11 months ago* (last edited 11 months ago) (1 children)

That's exactly the manslaughter part. She voluntarily shoved her, which is a crime, with the unintended consequence of homicide.

If she intended to kill her, that would rise to murder.

[–] Cethin 1 points 11 months ago (1 children)

We're talking about a different nations laws and it's defined differently. I'm done if you aren't going to read the details of the thing you literally posted. Read the things it links to.

[–] [email protected] 2 points 11 months ago (1 children)

Yes, the thing you and I both read: "A person who causes the death of another person through negligence"

Shoving someone on purpose is not negligence. It's a voluntary, intentional act. Hence, voluntary manslaughter, in Sweden called Dråp.

[–] Cethin 1 points 11 months ago* (last edited 11 months ago) (1 children)

Manslaughter (Dråp) (roughly corresponds to voluntary manslaughter).

Voluntary manslaughter state of mind requirment:

Intent to kill:

Voluntary manslaughter requires the same intent as murder. The charge of murder is reduced to manslaughter when the defendant's culpability for the crime is "negated" or mitigated by adequate provocation.

If you accidentally kill someone without intent, it isn't voluntary manslaughter. If someone pisses you off and you intend to kill them and you do, then it is. Pushing someone and then ending up dead is not that most likely. The intent was not death most likely. It was injury.

[–] [email protected] 1 points 11 months ago

If someone pisses you off and you intend to kill them and you do

That's murder. Listen man, you obviously never studied criminal law, just read the wiki on manslaughter. The whole point of voluntary manslaughter is you intentionally assault someone but didn't mean for them to die. If you did something negligent, (make a turn in a car without looking) and kill someone, that's involuntary manslaughter, aka negligent homicide.