Comments on: Is Manslaughter an LIO of murder? http://apublicdefender.com/2007/12/23/is-manslaughter-an-lio-of-murder/ Fri, 21 Nov 2008 07:04:28 +0000 http://wordpress.org/?v=2.6.3 By: SaucyVixen http://apublicdefender.com/2007/12/23/is-manslaughter-an-lio-of-murder/#comment-11611 SaucyVixen Mon, 31 Dec 2007 15:32:13 +0000 http://apublicdefender.com/2007/12/23/is-manslaughter-an-lio-of-murder/#comment-11611 Also... There's another case and I'm not quite remembering it off the top of my head right now... State v. Rodriguez, I think, that stands for the proposition lower levels of intent may serve as "same elements" in the case of LIOs. Also… There’s another case and I’m not quite remembering it off the top of my head right now… State v. Rodriguez, I think, that stands for the proposition lower levels of intent may serve as “same elements” in the case of LIOs.

]]> By: SaucyVixen http://apublicdefender.com/2007/12/23/is-manslaughter-an-lio-of-murder/#comment-11610 SaucyVixen Mon, 31 Dec 2007 15:28:44 +0000 http://apublicdefender.com/2007/12/23/is-manslaughter-an-lio-of-murder/#comment-11610 Ah, Connecticut law. One cannot intend to cause death without intending to cause serious physical injury. State v. Murray. Sad to say, the Appellate Court isn't buying it. Ah, Connecticut law.

One cannot intend to cause death without intending to cause serious physical injury. State v. Murray.

Sad to say, the Appellate Court isn’t buying it.

]]> By: SPO http://apublicdefender.com/2007/12/23/is-manslaughter-an-lio-of-murder/#comment-11185 SPO Thu, 27 Dec 2007 03:36:55 +0000 http://apublicdefender.com/2007/12/23/is-manslaughter-an-lio-of-murder/#comment-11185 With respect to subd (3), I think you overanalyze. Basically subd (3) is murder without the "caring" about the result. Thought of that way, I think that Subd (3) can easily be an LIO of murder. With respect to Subd (1), isn't that the whole idea of LIO? The greater crime "swallows" up the LIO. If I intended to kill someone and succeed, I have also tried to injure them--killing being impossible sans injury. With respect to subd (3), I think you overanalyze. Basically subd (3) is murder without the “caring” about the result. Thought of that way, I think that Subd (3) can easily be an LIO of murder.

With respect to Subd (1), isn’t that the whole idea of LIO? The greater crime “swallows” up the LIO. If I intended to kill someone and succeed, I have also tried to injure them–killing being impossible sans injury.

]]> By: Gideon http://apublicdefender.com/2007/12/23/is-manslaughter-an-lio-of-murder/#comment-10933 Gideon Mon, 24 Dec 2007 01:37:31 +0000 http://apublicdefender.com/2007/12/23/is-manslaughter-an-lio-of-murder/#comment-10933 Not quite. The intent you need to commit murder is the intent to kill. The intent required for manslaughter under sub (1) is the intent to seriously injure, but <i>not kill</i>. For if it were intent to kill, then it would be murder. The problem I have is with sub (3). Not quite. The intent you need to commit murder is the intent to kill. The intent required for manslaughter under sub (1) is the intent to seriously injure, but not kill. For if it were intent to kill, then it would be murder.

The problem I have is with sub (3).

]]> By: SPO http://apublicdefender.com/2007/12/23/is-manslaughter-an-lio-of-murder/#comment-10932 SPO Mon, 24 Dec 2007 01:25:39 +0000 http://apublicdefender.com/2007/12/23/is-manslaughter-an-lio-of-murder/#comment-10932 Allow a non-criminal law atty to take a stab at it. Subd (1) requires the intent to cause injury, right? When you intend to kill someone, you intend to cause injury (death being the greatest injury one can get), right? So, Subd (1) is a LIO, right? What am i missing? Allow a non-criminal law atty to take a stab at it. Subd (1) requires the intent to cause injury, right? When you intend to kill someone, you intend to cause injury (death being the greatest injury one can get), right? So, Subd (1) is a LIO, right? What am i missing?

]]> By: Gideon http://apublicdefender.com/2007/12/23/is-manslaughter-an-lio-of-murder/#comment-10918 Gideon Sun, 23 Dec 2007 21:54:48 +0000 http://apublicdefender.com/2007/12/23/is-manslaughter-an-lio-of-murder/#comment-10918 Yeah, I don't get it. I think it's currently in the process of being challenged. Yeah, I don’t get it. I think it’s currently in the process of being challenged.

]]> By: woman wearing black http://apublicdefender.com/2007/12/23/is-manslaughter-an-lio-of-murder/#comment-10917 woman wearing black Sun, 23 Dec 2007 21:34:01 +0000 http://apublicdefender.com/2007/12/23/is-manslaughter-an-lio-of-murder/#comment-10917 Our court had to decide that question many years ago; our statutes are different from your's, but the dissimilarities exist. Fact of the matter is, the state wanted it to be a lesser, so things got contorted about and now it is a lesser. When it is really not. We use straight up Blockberger analysis and it does not work. You are not the crazy one - not today, anyway. Our court had to decide that question many years ago; our statutes are different from your’s, but the dissimilarities exist. Fact of the matter is, the state wanted it to be a lesser, so things got contorted about and now it is a lesser. When it is really not. We use straight up Blockberger analysis and it does not work. You are not the crazy one - not today, anyway.

]]> By: Gideon http://apublicdefender.com/2007/12/23/is-manslaughter-an-lio-of-murder/#comment-10907 Gideon Sun, 23 Dec 2007 17:55:42 +0000 http://apublicdefender.com/2007/12/23/is-manslaughter-an-lio-of-murder/#comment-10907 That's what I thought! All the case law that's out there holds that it is an LIO, presumably because recklessness is part of forming a specific intent. I just don't get it. That’s what I thought! All the case law that’s out there holds that it is an LIO, presumably because recklessness is part of forming a specific intent. I just don’t get it.

]]> By: Scott Greenfield http://apublicdefender.com/2007/12/23/is-manslaughter-an-lio-of-murder/#comment-10906 Scott Greenfield Sun, 23 Dec 2007 17:44:56 +0000 http://apublicdefender.com/2007/12/23/is-manslaughter-an-lio-of-murder/#comment-10906 I don't see any nexus for the recklessness part. Your murder statute has no reckless murder. It's intentional or nothing. So how do they find reckless man a less or murder? It makes no sense at all to have a reckless as a lesser of a specific intent. Are we both missing something? There has to be some caselaw that explains this, no? I don’t see any nexus for the recklessness part. Your murder statute has no reckless murder. It’s intentional or nothing. So how do they find reckless man a less or murder? It makes no sense at all to have a reckless as a lesser of a specific intent. Are we both missing something? There has to be some caselaw that explains this, no?

]]> By: Gideon http://apublicdefender.com/2007/12/23/is-manslaughter-an-lio-of-murder/#comment-10900 Gideon Sun, 23 Dec 2007 16:35:21 +0000 http://apublicdefender.com/2007/12/23/is-manslaughter-an-lio-of-murder/#comment-10900 Well, I don't think that is the specific problem that I have (although courts here have held that manslaughter with a firearm can be an LIO of murder, if charged accordingly). I'm struggling with the recklessness part of it. Joe Lieberman is not a Democrat. Hasn't been since losing the Democratic primary in '06. He is a Republipendent. Well, I don’t think that is the specific problem that I have (although courts here have held that manslaughter with a firearm can be an LIO of murder, if charged accordingly).

I’m struggling with the recklessness part of it.

Joe Lieberman is not a Democrat. Hasn’t been since losing the Democratic primary in ‘06. He is a Republipendent.

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