You the jury...

[SPACKlick]

I thought this case was worth a look at by the minds of you weeblers because the jury sitting in on it took an exceptionally long time to return a verdict. The following is the details of the court case paraphrased as well as I could remember them. Where testimonies were similar I combined them.

Party A(PA) is accused of Excessive force in self defence against, assault and battery upon and the murder of Party B(PC). Witnesses called are Paramedics C and D (PC&PD) aswell as members of the public E, F & G(PE,PF&PG).

PA: I was walking across the bridge at approximately 1:30am on Saturday morning. I saw approaching me PB. He was staggering and in a drunken state. Being alone I was slightly intimidated. I decided to walk along the kerbside of the pavement thinking he would be in less danger of staggering round me into the path of a car, even though the road was clear. He passed me and gave me a look which I felt uncomfortable with. A few steps later I glanced over my shoulder and he was walking backwards staring at me. I turned forward and continued walking when I heard him making rapid footsteps towards me, I turned extending my arm to keep him at a distance in case his intent was aggressive and my elbow caught him square on the nose. Blood started very quickly to pour all over his face. He was shouting at me but I could not understand him due to him being drunk, having, what I assumed was, a broken nose, and his hands over his mouth. I put my hand on his shoulder to try and calm him down while telling him to sit on the pavement and tip his head forwards. He lashed out to push my arm away and stumbled hitting his head on the corner of the kerb. He stopped moving or making any noise. I called the ambulance and they arrived within 10 minutes. While I was waiting I moved PB into the recovery position so he did not drown in his own blood despite the fact it could have increased any damage to his neck or brain. PD told me PB was dead and called the police who took me to the station. Yes I feel sorry for PB’s family and I understand them wanting someone to lame but I did not kill PB. I cannot deny that I have been a violent person at times, and that sometimes I have a quick temper, but this incident did not involve that, It was just a short series of terminally unlucky events.

PC&PD: When we arrived we found PA standing in the road guarding PB. PB had been placed in the recovery position. PB had several contusions across his body but not in my opinion those of the sort obtained in a fight yet i cannot deny a fight could have been the cause. He had a broken nose and a blunt trauma t the rear of his head and had lost a lot of blood. His death was the result of a brain haemorrhage, most likely as a result of the trauma to the rear of his head. When I informed PA that PB was dead he repeatedly said “fuck, fucking hell. What the fuck happens now. I was doing so well, I’m so fucked. Why the fuck would this happen to me, why now?!” and the like.

PE&PF: When PB left the bar, at around 1:00 he was staggering and yelling something at a barmaid. He walked into the doorframe as he turned onto the street and it nearly knocked him off his feet. Yeh, I’d definitely say he was smashed.

PG: PB walked past me at about 1:15 and started yelling incomprehensibly at my dog who hadn’t even barked at him. He tripped over the kerb as he crossed the road away from me and fell hard onto his left side. He got up and yelled at the kerb and then walked away. It was very frightening.

So what, if anything, is PA guilty of? I will inform you of the jury’s decision in a few posts time.

In my opinion this case seems rather clear-cut. Especially in a land of "beyond reasonable doubt". There is no reason to suspect the actions were anything other than PA says and if that is the case i'm not even sure an excessive force in self defence would stick.

[walford]

Involuntary manslaughter

[SPACKlick]

by legal definition

MANSLAUGHTER, INVOLUNTARY - In order for a person to be found guilty of involuntary manslaughter the government must prove that someone was killed as a result of an act by the person;

Second, in the circumstances existing at the time, the person's act either was by its nature dangerous to human life or was done with reckless disregard for human life; and

Third, the person either knew that such conduct was a threat to the lives of others or knew of circumstances that would reasonably cause the person to foresee that such conduct might be a threat to the lives of others.

This is not manslaughter under part three of the definition. He might be seen t be reckless and thus accused of excessive force in self defense. unless you believe PA intended to harm PB with his actions but i owuld like you to bring up evidence. Oh there is some evidence i didn't put in the testimonies. If you feel there is an important unanswered question. Post it and i will see if i can find it in the notes i have from sitting in the court.

[walford]

This is not manslaughter under part three of the definition. He might be seen t be reckless and thus accused of excessive force in self defense. unless you believe PA intended to harm PB with his actions but i owuld like you to bring up evidence. Oh there is some evidence i didn't put in the testimonies. If you feel there is an important unanswered question. Post it and i will see if i can find it in the notes i have from sitting in the court.I would figure that he would be at least accused of IM. Being convicted of same is another question. The fact that he died from blunt trauma to the back of the head raises some questions.

My view is he hit the guy really [maybe too] hard and perhaps he pushed him down. Or he hit his head against a hard object on the way down. The fact that the guy's first reaction to being told that PB was dead was how terrible this was for him raises suspicions of the guy's story/disposition to use 'excessive force with reckless disregard' -- as does his admitted violent history.

[SPACKlick]

I think if i was in the same situation i would be worried about what was going to happen to me but i also suspect that he was shouting a lot of things in shear panic. He may evn have shouted some things about the guy who died. The direct question to which his rantings were the response was soemthign along the lines of "and how did PA react when you told him PB was dead and that the police were being called?" which is a point where my concern would mostly have been about me because PB is dead was followed by the police are coming for you.

[Meadow]

If we are to take what PA said as the truth, combining it with the Paradmedics' testimonies, I can see no possible verdict other than innocence. Unless someone proves he actively shoved his elbow in his face, which could constitute manslaughter or at least assault, he is innocent of all charges.

What was the charge, by the way? (not conviction)

[SPACKlick]

Party A(PA) is accused of Excessive force in self defence against, assault and battery upon and the murder of Party B(PC).

As i said in my first post.

He was convicted of assault and battery and excessive force in self defense.