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Unlawful and unintentional killing of a person is Manslaughter . Reckless driving and automobiles accidents are examples. It can be voluntary and involuntary . It depends on the defendants intention at the time killing occurred. Though Franks intention to hit Toms car was intentional, in order to destroy his new car, he didnt mean to kill Tom. However, he could have done this by hitting an empty car if he just needed to destroy the car. Hitting the car when Tom was inside was understandable that he might get some injuries. Depending upon the severity of the injuries, it can lead to death if left untreated.
In this act of hitting Toms car, Frank was quite aware that it will definitely injure him. So his murder can come under voluntary manslaughter. As this was not an unintentional accident but Frank hit Toms car intentionally to destroy it, while he waited outside his house to hit his car when hell drive it. It is quite evident that hitting a car intentionally when one person is sitting inside will cause injuries and even death of that person.
It was not just reckless driving but intentional hitting of a car in which already a person was sitting. The term manslaughter includes brutality of the killing, and in Franks case, the killing was not just due to negligent driving. The penalty for this voluntary manslaughter must be greater than a simple conviction for negligent driving (Karaba, 1950). The point is that if a driver hits a car unintentionally by mistake resulting in the death of another person will be guilty of involuntary manslaughter. Reckless driving in an inattentive way and being negligent of the consequences is an offense itself. If this kind of reckless driving results in the death of another person, this will be second-degree manslaughter. Involuntary and unintentional manslaughter is that where the drivers intentions were not to kill another person or even injure any person (Involuntary manslaughter).
An offender who commits such offense of driving recklessly is dangerous , as its a matter of common sense that reckless and negligent driving can result in accidents resulting in death hence disregarding human life and value.
Voluntary manslaughter is first-degree manslaughter (Lawyers.com). In this case, a driver is well aware of the consequences. Driving an automobile in a way that its quite evident that a person will be injured or may die is voluntary manslaughter.
In Franks case, he was jealous of Toms richness. He planned to hit his car. If it was just to destroy the vehicle he could have done this when the car was empty. However, to show others that his hitting was not intentional he waited for Tom to get into the car. Though he hit his car, not with the intention of killing Tom, he was well aware that such an accident will result in some injuries to him. However, injuries could be deep. After hitting Toms car, Tom received several injuries and was rushed to hospital where he was left untreated due to rush hours. His internal bleeding started. However, when doctors realized that a substantial amount of internal bleeding has resulted in severe loss of blood, blood transfusion was recommended. Unfortunately, his blood group was very rarely available and blood from blood runners was not possible due to the strike. Tom died. Though, the hospital staff is also responsible for negligence in providing him treatment immediately. Otherwise, it was possible to treat him without any blood transfusion.
Criminal liability of Frank will be voluntary manslaughter for hitting his car intentionally causing serious injuries that resulted in his death.
Works Cited
Frank A. Karaba Negligence Homicide and Manslaughter. Journal of Criminal Law and Criminology (1931-1951), Vol. 41, No. 2 (1950), pp. 183-189. Web.
Involuntary Manslaughter. Web.
Lawyers.com When a Drivers Actions Amount to Manslaughter. Web.
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