The PokéCommunity Forums  

Go Back   The PokéCommunity Forums > Off-Topic Discussions > Discussions & Debates
Sign Up Rules/FAQ Live Battle Blogs Mark Forums Read

Notices

Discussions & Debates The place to go for slightly more in-depth topics. Discussions and debates about the world, current events, ideas, news, and more.

Reply
 
Thread Tools
  #1    
Old June 24th, 2013 (10:38 AM).
Mr. X's Avatar
Mr. X
For Money
Community Supporter
 
Join Date: Oct 2006
Location: London
Age: 21
Gender: Male
Nature: Quiet
Quote:
New Orleans police have booked a 28-year-old St. Roch woman with second-degree murder after her 5-year-old daughter died from a self-inflicted gunshot wound she suffered Sunday morning in her home.

According to police spokesperson Hilal Williams, the young girl was taken off life support and died late Sunday afternoon. The child's name has not been released by police.

Police booked Laderika Smith after she admitted she locked her daughter inside a bedroom alone at their home in the 2200 block of North Galvez Street while the mother went to the store. When she returned home, Smith found her daughter lying on the bedroom floor with a gunshot wound to the head. Police arrived at the home about 11 a.m. and the child was transported to the hospital.

A preliminary investigation indicates the child somehow found a .38-caliber revolver that was inside the home and accidentally shot herself in the head, Williams said. Smith confessed to having a gun inside the home, and police recovered the weapon.

Smith was originally booked with cruelty to a juvenile, but the charges were changed after the child died. In a statement police said, Smith's negligence directly resulted in the death of her daughter. According to police records, Sunday is also Smith's birthday.
http://www.nola.com/crime/index.ssf/...uelty_aft.html

Two minds on this - I think it's good that police are finally cracking down on parents who don't properly secure their weapons, but on the other this - legally - isn't the proper charge. Involuntary manslaughter would be a much better fit then second-degree murder.
__________________
Follower of Carlinism since 2008.

Come play Runescape
Reply With Quote
  #2    
Old June 24th, 2013 (11:13 AM).
Pinkie-Dawn's Avatar
Pinkie-Dawn
Airman ga Teosenai
 
Join Date: Dec 2012
Location: California
Age: 22
Gender: Male
Nature: Quirky
I don't see how this is murder. The girl accidentally killed herself with the gun she found in her bedroom. Involuntary manslaughter is the correct use for this scenario.
__________________
You better need a Leaf Shield.
Reply With Quote
  #3    
Old June 24th, 2013 (11:32 AM).
Shiny Celebi
Donator Tier 3
Community Supporter Tier 3
 
Join Date: Jun 2011
Location: The Internet
Second Degree murder is a bit much, but the mother should've made sure her gun was properly locked up, because a 5-year old probably would not understand it was dangerous.
__________________
BMGf Ever Grande City
Reply With Quote
  #4    
Old June 24th, 2013 (01:57 PM).
Purple Materia's Avatar
Purple Materia
Shape the future!
Community Supporter Tier 4
 
Join Date: Sep 2010
Age: 20
Gender: Male
Nature: Careful
While I do agree the gun owner should be punished for not taking proper care of their firearms and the parent for not keeping a closer look on her child, second degree murder is a bit much.

My heart still goes to the mother though, considering it was an accident.
__________________

"I have fallen from the Land of Magic. I am Stardust Witch Meruru!"
Combat Arms | Raptr | Hummingbird | Last.fm
Reply With Quote
  #5    
Old June 24th, 2013 (07:46 PM).
Limerent's Avatar
Limerent
Community Supporter
 
Join Date: May 2013
Location: Sydney, Australia
Age: 18
Gender: Male
Nature: Quiet
The poor child, how sad it is to have life cut short in such a tragic fashion, and the mother, who will live with the guilt for the rest of her life. However, my opinion is that this was not murder simply an accident, but the negligence with firearms that resulted in this should be punished nearly as harshly to murder. Teach these idiots to be responsible with their guns to really improve safety standards, unless you like prison showers. So yes the charge is incorrect but I believe that a lesser charge might not have suitable enough punishment, so instead they should really clamp down on irresponsible gun owners. This is America though, so not likely.
__________________
Want to lose brain cells? What do you do? Alcohol, heroin, repeatedly bashing your head against a brick wall? Try tumblr
Reply With Quote
  #6    
Old June 24th, 2013 (07:52 PM).
Sydian's Avatar
Sydian
1000 forms of fear
 
Join Date: Feb 2008
Location: Alabama
Age: 22
Gender: Female
Nature: Timid
That's terrible...it's sad to think that the gun in the house was there to potentially protect the mother and her daughter and was ultimately the end of her daughter. Just terrible. Should have just taken the kid to the store with her. I know kids can make shopping slower, but still...though now's not the time for what if's.

My heart still goes out to the mother though. It was an accident, and no parent should have to bury a child...and then you have all the attachements with the law after that which only make it worse for her. Just awful...
__________________
f r e e t h e a n i m a l
paired to klippy
Reply With Quote
  #7    
Old June 24th, 2013 (08:32 PM).
Belldandy's Avatar
Belldandy
ღ Cammybear ღ
Community Supporter
 
Join Date: May 2013
Location: Ottawa, Ontario
Gender: Female
Nature: Timid
In Canada, this would never be treated as second-degree murder.

Briefly:

- First Degree Murder implies there was a plan to kill the person prior to the murder
- Second Degree Murder implies that the victim was intentionally killed; however, the perpetrator did not originally plan to kill the victim ("spur of the moment")
- Manslaughter is the unintentional death of a person at the hands of someone else, proven by lack of intent
- Homicide is an abnormal / speculative death of an individual that can be said should not have occurred

Going by that, the mother did not plan to kill her child, nor did she have any intent to begin with to kill her. This rules out all possible murder charges and therefore drops the charge to manslaughter, given that her recklessness / ignorance led to her child's unintentional death.

America has similar definitions, if I recall.
__________________

FC: 4699-7283-5972; IGN: Irène, Etoile; Trade Shop Trade Reviews
Reply With Quote
  #8    
Old June 24th, 2013 (10:32 PM). Edited June 24th, 2013 by Mr. X.
Mr. X's Avatar
Mr. X
For Money
Community Supporter
 
Join Date: Oct 2006
Location: London
Age: 21
Gender: Male
Nature: Quiet
We share similar ones, but split manslaughter into two kinds - Voluntary, and involuntary.

The laws differ a bit because of this.

First degree remains, pretty much, the same in the US.

Second Degree is split into Second Degree and Voluntary Manslaughter. The diffrence between the two depends on if the person was emotionally of mentally distressed when they commit the crime. Voluntary is sometimes called Third Degree murder.

In the US, Involuntary Manslaughter would be similar to Manslaughter in Canada but at the same time more broad. For the US, it would be for unintended deaths caused by the intentional or negligent actions of another. This definition is what lets a person be charged due to their inaction or idiocy.
__________________
Follower of Carlinism since 2008.

Come play Runescape
Reply With Quote
Reply
Quick Reply

Sponsored Links
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Minimum Characters Per Post: 25



All times are UTC -8. The time now is 08:14 PM.


Style by Nymphadora, artwork by Sa-Dui.
Like our Facebook Page Follow us on Twitter © 2002 - 2014 The PokéCommunity™, pokecommunity.com.
Pokémon characters and images belong to The Pokémon Company International and Nintendo. This website is in no way affiliated with or endorsed by Nintendo, Creatures, GAMEFREAK, The Pokémon Company or The Pokémon Company International. We just love Pokémon.
All forum styles, their images (unless noted otherwise) and site designs are © 2002 - 2014 The PokéCommunity / PokéCommunity.com.
PokéCommunity™ is a trademark of The PokéCommunity. All rights reserved. Sponsor advertisements do not imply our endorsement of that product or service. User generated content remains the property of its creator.