Gypsy
Super_Ideal_Rock
- Joined
- Aug 8, 2005
- Messages
- 40,360
luv, I'm going to assume there was no reckless indifference with your brother's actions. He did not GIVE his son the gun. He walked away from it for a few minutes. It's very different than someone HANDING a gun to a depressed person or leaving it in their home completely accessible. And yes, regardless of whether it is your brother or not, if he had exhibited reckless indifference (no gun safe in the house, always leaving his gun around easily accessible, not just as a single incident accident, and/or not caring about leaving the gun out even after the kid tried to swipe it and kill himself before) then, in my opinion, he would have deserved to be prosecuted. As it stands it was an accident. Yes, it was NEGLIGENT, but not CRIMINALLY negligent.
Criminal Negligence Manslaughter usually includes a reckless indifference to human life requirement (although in some jurisdictions reckless indifference is a definition for malice, and if malice is a requirement for murder, it would be murder not manslaughter AND/OR in some jurisdictions if there is a requirement for underlying crime that made the death highly probable [although this can also be felony murder-- it depends on the underlying crime-- if it is something like like speeding or driving recklessly, then it is manslaughter]).
Criminal Negligence Manslaughter usually includes a reckless indifference to human life requirement (although in some jurisdictions reckless indifference is a definition for malice, and if malice is a requirement for murder, it would be murder not manslaughter AND/OR in some jurisdictions if there is a requirement for underlying crime that made the death highly probable [although this can also be felony murder-- it depends on the underlying crime-- if it is something like like speeding or driving recklessly, then it is manslaughter]).