Category Archives: Manslaughter
Proving Causation in a Georgia Homicide Case
Murder and manslaughter require the State of Georgia to prove that the defendant “caused” the death of the victim. Over the years, Georgia courts have explained that this means the defendant’s actions were the “proximate cause” of the victim’s death. Proximate cause, in turn, has two elements: cause-in-fact and legal cause. Cause-in-fact requires proof… Read More »
What Is the Line Between an Accidental Shooting and Attempted Murder?
Under Georgia law, the crime of murder requires the state to prove, beyond a reasonable doubt, that the defendant acted “unlawfully and with malice aforethought, either express or implied” in causing the death of another person. This same standard applies to charges of attempted murder. That is, the prosecution must show the defendant acted… Read More »
Can the District Attorney Withdraw a Plea Agreement If the Judge Imposes a Lighter Sentence?
Most Georgia criminal cases are resolved through a negotiated plea agreement between the defendant and the district attorney’s office. A typical agreement involves the defendant agreeing to enter a plea of guilty or no-contest to a reduced charge in exchange for a joint sentencing recommendation. The final agreement is then submitted to the trial… Read More »
How Are Involuntary And Voluntary Manslaughter Different?
The crime of manslaughter is classified as either voluntary or involuntary. For either, there must be no premeditated intent by the accused to kill. When manslaughter is the charge (and not murder), it is because the act of taking a life was not planned in advance. In Georgia, manslaughter is unlawful whether it deemed… Read More »
The Ramifications of the Texting Manslaughter Case
A young woman recently made national headlines after being found guilty of manslaughter in an unusual case. The woman had texted her boyfriend, encouraging him to commit suicide. In his decision, the judge in the case called the woman reckless. The woman’s case is the first in which someone has been convicted of such… Read More »