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Posted: 6/25/2015 10:05:15 AM EDT
This post is in reference to the bus driver texting thread in GD.  Now, from http://legal-dictionary.thefreedictionary.com/Negligent+manslaughter we have this quote:

In many jurisdictions, death that results from the operation of a vehicle in a criminally negligent manner is punishable as a separate offense. Usually it is considered a less severe crime than involuntary manslaughter. Although criminal negligence is an element, it is generally not the same degree of negligence as that which is required for involuntary manslaughter. For example, some vehicular homicide statutes have been construed to require only ordinary negligence while, in a majority of jurisdictions, a greater degree of negligence is required for involuntary manslaughter.
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Seems to me that if 'someone texting and driving a big bus full of people kills some folks' doesnt fit the description of criminal negligent manslaughter, then nothing does.  so why would many places consider the act less than involuntary manslaughter???

is texting and driving a bus load of people really only considered "ordinary negligence"?
Link Posted: 6/25/2015 9:39:35 PM EDT
[#1]
I take it you're comparing manslaughter to criminally negligent homicide. Manslaughter requires reckless behavior, which is a higher standard than negligent behavior. I believe it is a question of fact for the jury whether texting and driving rises to the level of recklessness... I used to be a prosecutor, before going over to the dark side.
Link Posted: 6/25/2015 11:00:43 PM EDT
[#2]
Sorry i messed up, i meant versus vehicular homicide.  Interesting, thanks for your input
Link Posted: 6/26/2015 12:19:46 AM EDT
[#3]
Link Posted: 7/2/2015 9:53:38 PM EDT
[#4]
In Alabama, there is no misdemeanor manslaughter. The equivalent of such would be the criminally negligent homicide statute.
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