My question involves criminal law for the state of: wa
a friend was murder the guy was arrested. Its says hes charge with murder and manslaughter. why is it not just murder? others charges stolen gun and felonly with gun.
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My question involves criminal law for the state of: wa
a friend was murder the guy was arrested. Its says hes charge with murder and manslaughter. why is it not just murder? others charges stolen gun and felonly with gun.
Without any knowledge of the case, there's no way we could answer as to why he was charged the way he was.
WA does not codify MS as either voluntary or involuntary:
It is simply titled: Manslaughter
http://apps.leg.wa.gov/RCW/default.aspx?cite=9A.32.060
http://apps.leg.wa.gov/RCW/default.aspx?cite=9A.32.070
It appears he is going to be Indicted on both homicide charges. I do not know if MS is a "lesser included" offense for Murder under WA law or not? I would greatly surmise, yes!
Regardless, the state has some procedural reason for charging both, either on arrest or subsequent Indictment, if he has not been Indicted yet.
Lesser offenses are requested by the defense as a jury instruction and can be considered just as the original charge in the Indictment.
This is why it is imperative an attorney versed in criminal law represent him. It is thier job to decipher such criminal procedure elements.
This is how i was told it happen(i was not there)
man went to my freinds (which he had before was asked do not come back that he was not welcome there). he stop by around midnight wake my friend up he open the door told him to leave he refused friend went to bedroom got his bat told him to leave, guy walk out front door turned around shot, he him got in car left. When he was arrested he asked what do i need do to get this to be self-defense.( this is what it said in paper) he pleading self-defense.
Most Prosecuting Attorneys charge with everything they can. Hoping to get to keep the greater charges and the court throw out the lesser charges.
I agree with the above post. Assuming there is only one homicide victim, prosecutors will often charge more than one homicide offense, at least to be on the safe side, so that the jury will have different options--if the prosecution does not take this tact, it may be precluded from having the jury consider such a charge at trial. This is normally not a problem if the other homicide is truly a lesser included offense but better safe than sorry--nothing wrong with placing the defendant on notice. Of course, assuming there is only one victim, there can be only one sentence for whatever homicide of which he may be convicted.
I saw a case once where there were 4 murder victims, but the state charged 8 counts of murder, presumably under the Blockburger rule, elements were present in one murder charge, and not in another.
Of course they can only be sentenced on 4 counts, even if convicted of all 8.