I'm working on a law writing question and need an explanation and answer to help me learn.
- Joshua Dressler, UNDERSTANDING CRIMINAL LAW (8th ed. 2018) – Chapter 31
- Torah and Murder: The Cities of Refuge and Anglo-American Law by Craig A. Stern :: SSRN
A is at a bar with friends, drinks numerous alcoholic beverages, and becomes legally intoxicated. Instead of choosing to have a taxi take her home when the bar closes, A gets behind the wheel of her car and drives away from the bar. Halfway to her house, A veers off the road because she is intoxicated and plows into a family van killing a mother, father and their three young children. A is arrested and charged with involuntary manslaughter. Enraged by this event, the citizenry in the state petition the legislature to raise this offense from involuntary manslaughter to voluntary manslaughter. You are a legislator in the state. What are your arguments for or against raising this offense from involuntary manslaughter to voluntary manslaughter? Defend your position.
Explanation & Answer
View attached explanation and answer. Let me know if you have any questions.
A’s offense should not be raised from involuntary manslaughter to voluntary
manslaughter. In voluntary manslaughter, there is intentional killing (Dressler, 2018). A did not
have a prior intention to kill the victims. This is evident because there was no heat of passion
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