Look at Brian O'Keefe, he is a troubled soul, I know troubled souls. O'Keefe killed his girlfriend Victoria Whitmarsh in what appears to have been a drunken struggle over a knife. The two had been drinking and he says she came at him with the knife. She was stabbed in the side and died fell to the ground striking her head. After the stabbing he called neighbors in a panic trying to get help.
The trial court mistakenly instructed the jury that a second degree murder conviction could be sustained by an "involuntary killing." Huh?! And get this the trial court thought this jury instruction mistake was "harmless error." Harmless error is the doctrine where the court screwed one side or the other--usually the one with the most to lose, and then covers it with an instruction to the jury along the lines of "my bad, ignore what I said before," this is the juridic act of "unringing the bell." When you. the Judge, instructed the 12 nice people that comprise the jury that the not very nice man who killed his girlfriend in a drunken stupor murdered her even if he didn't intend to do it, well, darn it, that's just a little hard to undo.
This homicide proves, as if anyone needed proof that not all homicides or killings are murders. The evidence sure sound like a drunken stupid struggle between two doomed lunatics, not second degree murder.
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It's been awhile since I watched any police/courtroom dramas. Remind me what second degree murder is, in relation to first degree? I get that "murder" and "killing" are categorically different--but isn't second degree, like, you meant to but didn't "contrive" (as Portia put it) over a long period of time beforehand? Don't all these "degrees" measure intent, or try to? When you have time, could you break this down hierarchically, worst to least bad?
ReplyDeleteGreat question: Murder is usually divided under state criminal law (which bear in mind, are generally speaking "uniform") and under prior common law between: first and second degree murder. Second degree murder is the intentional killing of another without justification while first degree murder is the same thing with "aggravating factors." Aggravating factors that separate first degree murder from second degree include a specific intent to kill plus premeditation and deliberation. California used to have thrid degree murder which involved "reckless indifference," for instance, killing someone driving drunk or under the influence of illegal drugs.
ReplyDeleteThis has been incorporated under the manslaughter statutes in most jurisdictions. Manslaughter is killing someone unlawfully without malice or intent.
BL
One more question--something I've always wondered about. What's "voluntary manslaughter," then? Because "voluntary" implies volition, ie will, ie intent. Is this just smarmy plea-bargaining category, whereby someone essentially intended to kill, but isn't going to be prosecuted for the "intent" part?
ReplyDeleteVoluntary manslaughter is that classic "heat of passion" killing where the killer had no prior intent.
ReplyDeleteBTW, I have a post about a famous College town near you slated to go tomorrow AM relating to this general topic. It's about a Bad Lawyer who has a real nightmare to deal with.
BL
Does anyone have any idea what his sentence will be? I've heard about fifteen-twenty years but since it's been overturned I'm not so sure.
ReplyDeleteOf course this man is a troubled soul. Has anyone bothered to look up his history? This man has had two wives in the past and several childen. His first wife and their children, I know were always calling for child support and could otherwise care less. His second wife and two children he basically screwed over and after his second wife divorced him, he met his girlfriend. I feel bad for those two children... If anyone should feel bad I think it's for those two kids. I'm pretty sure he screwed up their lives in the beginning. I grew up pretty similarly so, yeah.