[fabsroman]

The justice system in this country isn't perfect. I think we can all agree to that. I think we can also agree that it is one of the better systems on the planet.


Nulle,

The only nightmares that I have right now are that of my dog drowning under the ice. I don't do much criminal stuff and all of it is assault and battery or less. I have done one assualt and battery in the second degree, a couple DWI's, some DNR violations, and some traffic tickets. Most of the criminal stuff is done for people that are already business clients of mine. The serious stuff I refer out because I don't want to deal with that kind of client and I don't take any new clients that come to me with a criminal matter as their first case.


Hawkeye,

Manslaughter is a lesser included offense to murder (i.e., it has the same elements, but it lacks malice).

I did a little research and figured out why Claude could have been found guilty of manslaughter. In Maryland, and many other states, it is called the imperfect self defense theory. If Claude had proven that he acted in self defense, which would entail a person reasonably believing that they are facing imminent death, he would have gotten off completely. The imperfect self defense assertion mitigates murder to manslaughter. The imperfect self defense assertion is where a reasonable person would not be in fear for his life based upon the circumstances.

The introduction to the case reads like this:

"... when evidence is presented showing subjective belief of defendant charged with murder that use of force was necessary to prevent imminent death or serious bodily harm, defendant is entitled to a proper instruction on imperfect self-defense, which would enable jury to find defendant guilty of murder if it concluded defendant did not have a subjective belief that use of deadly force was necessary, to find defendant not guilty if it concluded that defendant had a reasonable subjective belief, or to find defendant guilty of voluntary manslaughter if it concluded that defendant honestly believed that use of force was necessary but that subjective belief was unreasonable under circumstances..."


Val,

I wish I were licensed in Florida. The fiance's brother is having a little trouble at the University of Florida with a professor, but I can't do a single thing because I am only licensed in Maryland and the District of Columbia. It drives me crazy when people abuse their power.