Quote:
Originally Posted by fishbones
I think I read this guy was locked up for manslaughter, not murder. Not knowing the details of the case, I would say that either his attorney did a good job for him or the prosecution didn't have enough for a murder conviction.
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The case was in NY. Most murders there are charged as second degree murder, because premeditation isn't an element of murder. All that's required is to prove the intent to cause death, or, alternatively, causing death during the commission of specified felonies, or with "depraved indifference to human life". First degree murder is limited to killing peace officers, or other selected victims. Your garden variety murder is second degree, and you can be eligible for parole there in anywhere from 15-25 years, depending on the minimum term imposed by the judge. But you're correct---the prosecution will often plead down a weak case to manslaughter.