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this post was submitted on 27 Jun 2024
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Isn't this what manslaughter is for, if you want the conviction ? I get why mens rea may not apply here, but bringing it into question may make it viable next time, which would be worthy (or likely I don't understand law well enough).
I'm not a lawyer, first of all! I'm not very knowledgeable either.
Mens rea, as far as I understand it, definitely doesn't apply here. Bringing it into question undermines the case if you're trying to build a conviction around it. Better to have a wide variety of provable smaller claims than one big ticket item you're doomed to fail, as far as I understand it.
Wasn't saying it applies, just that it's required for murder (1st degree anyway) as the headline spoke. You're probably righter than me, though.