Posted:
#76
Quote Originally Posted by 1129ken:
I disagree. In New York, you can prove manslaughter without showing any proof of " intent to cause a deprivation of life ". A conviction for manslaughter is appropriate upon proof of a showing of reckless disregard for life. They are very different standards.
You are correct that in NY, there are two levels of manslaughter (first degree, with required intent,and second degree, often called involuntary manslaughter).
A person commits second-degree manslaughter when he or she (a) recklessly causes the death of another person; (b) commits an unjustified abortional act upon a female which causes her death; or (c) commits assisted suicide. According to Section 15.05 of the Penal Code, a person acts "recklessly" with respect to a result or circumstance when he or she is "aware of and consciously disregards a substantial and unjustifiable risk that such result will occur or that such circumstance exists." The risk that the person creates must be of such nature or magnitude that his or her disregard of it constitutes a "gross deviation from the standard -
But in so proving this, you are still going to have to essentially show intent because 1) you will have to show that Stewart knew he was on the track and 2) that Stewart actually took steps that were reckless in nature (speeding up) or driving towards him.
I just can't see how you get there.
But negligence is possible. For that, they may only to have to show that Stewart did not act reasonably under the circumstances because he didn't slow down.
Much less of a burden.
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