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  1. QUESTION

     

     

    Based on your research and utilizing proper terminology from your textbook, answer the following questions:
    Under Florida Law, are voluntary and involuntary manslaughter the same.”? Explain.
    What is Florida’s position on drawing the line between murder and voluntary manslaughter? Explain.
    What degree is the offense of vehicular manslaughter in Florida?
    Answer the questions with a minimum 300-word response.

     

     

     

 

Subject Law and governance Pages 2 Style APA

Answer

Manslaughter

Under Florida statutes section 782.02 and 782.36 on justifiable use of deadly force, criminal offences on the homicide of manslaughter is classified as the killing of a human being that does not meet the legal definition of murder (Reid, 2017). Unlike murder, that requires proof of premeditation by the defendant before the killing, manslaughter does not need to meet the evidential threshold of premeditation. Instead, Florida requires proof of voluntary or involuntary manslaughter. The state’s law differentiates voluntary and involuntary in terms of the intent for the killing. A voluntary manslaughter is an intentional act carried out in the heat of the moment. It does not require the defendant to justify the intent leading to the victim’s death. In contrast, involuntary manslaughter, the prosecutor needs to prove that the defendant acted with disregard to human life or applied excessive force during the confrontation.

Because of the confusion that comes with the application of the two terms; murder and voluntary manslaughter, the Florida state is justified in setting a boundary; essentially, the is a significant difference in that voluntary manslaughter involves an unlawful intentional killing considered by the society to be more of an accident arising from provocation (Reid, 2017). Murder on the hand is a deliberate act done willfully by the defendant. For example, murder case, according to the Florida Statutes, requires the prosecutor to prove that the defendant acted in manner disregarding human life.

Moreover, under Florida statute 782.071, vehicular manslaughter involves the killing of human beings as a result of operating a vehicle recklessly, the conviction under these laws requires a simple proof of failure to use primary care for human life. Under these laws, vehicular homicide is a second-degree offence punishable by fifteen years in prison, and a similar number in probation plus a fine of about $ 10,000 or both (Reid, 2017).

 

References

Reid, S. T. (2017). Criminal law: The essentials.

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