Do all manslaughter go to court? ?
I have a friend who told me when he was 13/14 his uncle came into his house looking for money and my friend let's call him Peter pushed his uncle then his uncle hit his head off the sink, Peter told me his uncle was lying unconscious for 3 hours before Peter called an ambulance. Then his uncle went to hospital and died because ehe hit his head when pushed. My friend told me that he did not go to court for this because there was alcohol in his uncles system and because Peter had marks on him so it was ruled as self defence. Peter also said he could smell the body. I'm not sure if any of this is true but I was suprised to hear it didn't go to court. He said he went to the police station everyday for 2 weeks and he never got charged with anything.
- 1 month ago
That's not manslaughter and theres multiple holes in the story your friend told you, he might be exaggerating a few things or lying all together.
- Anonymous1 month ago
His uncle went to the hospital and died yet he could smell the body? Even if he died at the house I don’t know if it would smell after 3 hours.
- ArimatthewdaviesLv 71 month ago
And unintentional death from A push in self-defense is not usually considered a manslaughter. It's an unintentional death by mutual combat. Where neither party intended any harm but an accident happened and one person fell down and hit his head. The police probably didn't even file a charge on this.
- 1 month ago
Self defense. Hence, no need to go to court.
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- STEVEN FLv 71 month ago
What you describe IS NOT manslaughter as defined by law. At most, it would be justifiable homicide.
That said, someone LIED. If it was believed he waited 3 hours to call for help, and that getting help sooner would likely have saved his life, the would have been charged with some degree of murder.
- Kt SkycatLv 71 month ago
Ever hear the phrase "Not my circus, not my monkeys"? In some ways this is rather not your business, let alone your information to interfere with his life. If this was determined to be "Self defense", and I can see entirely where a MINOR has the right to defend himself from a drunken adult , and if this happened years ago, what business is it of yours to judge? Let this go and let your friend deal with what he deals with. He is the one who has to remember this every day of his life with or without you around to remind him of it. His punishment is being administered in his memory day by day. Let this go and show some mercy on your friend.
- CliveLv 71 month ago
The answer is in the question. Peter TOLD you why. It is up to the Crown Prosecution Service (assuming you're in England or Wales) to decide to charge him and clearly in this case they decided it was self-defence against a drunk older man. If the CPS had charged him with manslaughter, it seems obvious that what would have happened in court is that the court would have accepted his defence of self-defence so they're not going to get a conviction.
And this is one of the things the CPS think about when they bring charges. To get a conviction, they must be able to bring evidence that proves he is guilty "beyond reasonable doubt". So they quite often drop cases if there isn't enough evidence because it would just be wasting everybody's time in court. And another reason to do that is, as here, OK Peter clearly caused the death but he has a watertight legal defence. Which is that he was defending himself. It was only a push so it isn't "excessive force", and it was all an accident.
No way would Peter be convicted once the court hears these facts. So what would be the point of charging him? That would be the CPS's thinking - they don't want to waste time and money on a hopeless case they KNOW they won't win.
- Huh?Lv 71 month ago
If the police and prosecutor (district attorney) determined it was a justifiable homicide they would not have filed charges. They don't prosecute cases where they feel no crime was committed.
- TavyLv 71 month ago
So your friend killed his uncle and told the police he fell while drunk., and presumably his uncle attacked him.
The CPS must have decided that it was an accident so did not charge him.
- Patrick4024Lv 71 month ago
This would be something the District Attorney would have to decide if there was enough evidence to bring charges. Chances are with Peter being a juvenile it might possibly not be a strong case.