最初由 yinke 发布
真?在?今天假如?手被抓到
我帐?法官只能判他非法持有?械
跟咿失?人(2?看加起??共判多少年)
?何真咿失?人因?2方皆有_?獭!?
甚至?手可以辨费??2??一?
他打不诹?了保罪自己安全而檫?。。
(不咿呃彦有??铨就是?手不是??檫?
而是又去了外面取? 呃?就看法官帐同不帐同了)
基本上乓?起意 跟有??犯罪 2肺判刑差很多的
再加上假如?手到?候有悔咿意?又可以?免刑?
(不咿自己自首??他不?做才是 都咿了那?多天)
不咿最後也是希望?手能快?抓到
腠然不可?他? 不咿周遭有?也是挺可怕的。。
也有一种说法是那家伙当时就开枪了,而不是出去取枪再返回。如果真的是当时就开枪,murder就谈不上了, 也就是个manslaughter。
Manslaughter is the unlawful killing of a human being without malice or premeditation, either express or implied; distinguished from murder, which requires malicious intent.
The distinctions between manslaughter and murder, consists in the following: In the former, though the act which occasions the death be unlawful, or likely to be attended with bodily mischief, yet the malice, either express or implied, which is the very essence of murder, is presumed to be wanting in manslaughter.
It also differs from murder in this, that there can be no accessaries before the fact, there having been no time for premeditation. Manslaugbter is voluntary, when it happens upon a sudden heat; or involuntary, when it takes place in the commission of some unlawful act.
The cases of manslaughter may be classed as follows those which take place in consequence of: 1. Provocation. 2. Mutual combat. 3. Resistance to public officers, etc. 4. Killing in the prosecution of an unlawful or wanton act. 5. Killing in the prosecution of a lawful act, improperly performed, or performed without lawful authority.
The provocation which reduces the killing from murder to manslaughter is an answer to the presumption of malice which the law raises in every case of homicide; it is therefore no answer when express malice is proved and to be available the provocation must have been reasonable and recent, for no words or slight provocation will be sufficient, and if the party has had time to cool, malice will be inferred.
In cases of mutual combat, it is generally manslaughter only when one of the parties is killed. When death ensues from duelling the rule is different, and such killing is murder.
The killing of an officer by resistance to him while acting under lawful authority is murder; but if the officer be acting under a void or illegal authority, or out of his jurisdiction, the killing is manslaughter, or excusable homicide, according to the circumstances of the case.
Killing a person while doing an act of mere wantonness, is manslaughter as, if a person throws down stones in a coal-pit, by which a man is killed, although the offender was only a trespasser.
When death ensues from the performance of a lawful act, it may, in consequence of the negligence of the offender, amount to manslaughter. For instance, if the death has been occasioned by negligent driving. Again, when death ensues, from the gross negligence of a medical or surgical practitioner, it is manslaughter.