jdblitz wrote:When people become a danger to society......
We should remove them from society......
Ever heard of manslaughter?
JD
Manslaughter in this case as I see it...no way.
Taken from this definition...
http://www.lectlaw.com/def2/m013.htm
The cases of manslaughter may be classed as follows those which take place in consequence of: 1. Provocation. 2. Mutual combat. 3. Resistance to public officers, etc. 4. Killing in the prosecution of an unlawful or wanton act. 5. Killing in the prosecution of a lawful act, improperly performed, or performed without lawful authority.
When death ensues from the performance of a lawful act, it may, in consequence of the negligence of the offender, amount to manslaughter. For instance, if the death has been occasioned by negligent driving. Again, when death ensues, from the gross negligence of a medical or surgical practitioner, it is manslaughter.
#5 would be the only one applicable in this case and I don't see where the driver was negligent, or doing anything unlawful, matter of fact he did slam on his brakes.
Hey I could be wrong here but the authorities said nothing of charging him with manslaughter, only possibly with leaving the scene of a crash.
Another point is the victim was Jaywalking was he not?
I believe jaywalking is a misdemeanor subject to a fine and may be contributory negligence when a pedestrian gets hit.