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Laughter

Facts Scenario

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Facts Scenario

The case where Linda found Jennifer brutally beaten and died in a hospital is homicide categorized under manslaughter. A manslaughter is a form of murder where a person unlawfully kills another person with no intention of killing like in the case where Mike beat Jennifer severely. It is an act of killing a person without malice, either voluntary or involuntary. In the absence of malice aforethought, which was not intended to kill, meaning there will be less moral blame. The reason why this will be manslaughter is that Jennifer died in the hospital and not her home, and if it were murder, Mike would have killed her in the house. It could have been a quarrel that escalated, therefore leading to a fight and had no intention to kill her, which is classified as second-degree murder.

The charges against Mike would be brought by the police carrying out investigations. It is the police who took Jennifer to the hospital, know the scene of the crime, and have the facts about the case. The U.S attorney’s office through the enforcement agency such as local police, FBI, or any other agency mandated by law. The U.S attorney office represents the United States during the proceedings in the court. The Federal court will initiate the case as a federal criminal case through the U.S attorney office.

The government is responsible for proofing because it must provide the necessary evidence in the court, showing that the defendant is guilty, and the defendant should not prove his innocence. The standard of proof is applied in criminal trials giving the prosecutor more burden than the plaintiff during the trial. The defendant has to be proven guilty beyond any reasonable doubt with strong evidence that he committed the crime.

If Mike is found guilty, he has to be imprisoned, in addition to hefty fines and probation. Penalties for involuntary manslaughter vary from state to state. The maximum penalty or sentence a person can get is between 1 and 8 years under the federal law with fines. However, other States such as a person up to 15 years and a fine of $10,000; therefore, Mike’s sentencing will depend on the state where he comes or where the crime occurred.

If Mike was not satisfied with the federal court ruling during the trial, he is entitled and can appeal the decision made by the trial court to a federal court of appeal. Furthermore, if not satisfied with the federal court of appeal, then he can appeal to the Supreme Court for determination.

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