Amazines Free Article Archive - Monday, July 04, 2022
Read about the most recent changes and happenings at
Log into your account or register as a new author. Start submitting your articles right now!
Search our database for articles.
Subscribe to receive articles emailed straight to your email account. You may choose multiple categories.
View our newest articles submitted by our authors.
View our most top rated articles rated by our visitors.
* Please note that this is NOT the ARTICLE manager
Add a new EZINE, or manage your EZINE submission.
Add fresh, free web content to your site such as newest articles, web tools, and quotes with a single piece of code!
Home What's New? Submit/Manage Articles Latest Posts Top Rated Article Search
Subscriptions Manage Ezines
 Article Archive
 Advertising (133518)
 Advice (161577)
 Affiliate Programs (34788)
 Art and Culture (73839)
 Automotive (145678)
 Blogs (75426)
 Boating (9851)
 Books (17221)
 Buddhism (4129)
 Business (1330031)
 Business News (426430)
 Business Opportunities (366472)
 Camping (10970)
 Career (72777)
 Christianity (15845)
 Collecting (11639)
 Communication (115071)
 Computers (241915)
 Construction (38925)
 Consumer (49947)
 Cooking (17079)
 Copywriting (6731)
 Crafts (18205)
 Cuisine (7548)
 Current Affairs (20307)
 Dating (45902)
 EBooks (19700)
 E-Commerce (48247)
 Education (185376)
 Electronics (83517)
 Email (6439)
 Entertainment (159837)
 Environment (28922)
 Ezine (3040)
 Ezine Publishing (5452)
 Ezine Sites (1550)
 Family & Parenting (110928)
 Fashion & Cosmetics (196540)
 Female Entrepreneurs (11851)
 Feng Shui (132)
 Finance & Investment (310507)
 Fitness (106442)
 Food & Beverages (63006)
 Free Web Resources (7939)
 Gambling (30227)
 Gardening (25192)
 Government (10512)
 Health (629892)
 Hinduism (2206)
 Hobbies (44078)
 Home Business (91593)
 Home Improvement (251132)
 Home Repair (46209)
 Humor (4717)
 Import - Export (5456)
 Insurance (45103)
 Interior Design (29588)
 International Property (3488)
 Internet (191008)
 Internet Marketing (146664)
 Investment (22856)
 Islam (1161)
 Judaism (1352)
 Law (80455)
 Link Popularity (4596)
 Manufacturing (20902)
 Marketing (99272)
 MLM (14140)
 Motivation (18232)
 Music (26998)
 New to the Internet (9496)
 Non-Profit Organizations (4048)
 Online Shopping (129728)
 Organizing (7809)
 Party Ideas (11853)
 Pets (38070)
 Poetry (2229)
 Press Release (12687)
 Public Speaking (5640)
 Publishing (7561)
 Quotes (2407)
 Real Estate (126608)
 Recreation & Leisure (95459)
 Relationships (87648)
 Research (16180)
 Sales (80345)
 Science & Technology (110281)
 Search Engines (23497)
 Self Improvement (153286)
 Seniors (6216)
 Sexuality (35997)
 Small Business (49287)
 Software (83018)
 Spiritual (23475)
 Sports (116148)
 Tax (7661)
 Telecommuting (34072)
 Travel & Tourism (308177)
 UK Property Investment (3122)
 Video Games (13382)
 Web Traffic (11763)
 Website Design (56882)
 Website Promotion (36616)
 World News (1000+)
 Writing (35837)
Author Spotlight

I am an essay writer with vast experience in data analysis, PowerPoint writing and research paper ed...more

Myself Ram Sewak possessing indepth domain experience of more than 10 years in SEO, SEM, Web Develop...more

Designpluz has steadily matured from a passionate graphics design start-up, into a full service digi...more

The Word of God is as, “Sweet as Honey”. God has Taken Me Through a Whole Lot of Things...more

Working in this organization from last 10 years. I did my graduation from the University of Texas, U...more

Murder or Manslaughter? A Recent Teen Hate-Crime Trial Demonstrates the Difference by Blythe Leszkay

Murder or Manslaughter? A Recent Teen Hate-Crime Trial Demonstrates the Difference by
Article Posted: 10/03/2011
Article Views: 932
Articles Written: 4
Word Count: 557
Article Votes: 21
AddThis Social Bookmark Button

Murder or Manslaughter? A Recent Teen Hate-Crime Trial Demonstrates the Difference

Current Affairs,Law
People are often confused about the difference between murder and manslaughter. The definitions of these crimes vary somewhat from state to state, but a recent California trial provides a good example for generally understanding what differentiates murder from voluntary manslaughter.

In 2008, an eighth grader shot and killed an openly gay classmate. Evidence showed Larry King, 15, had begun wearing high heels and makeup to school, and that he flirted with Brandon McInerney, 14. McInerney brought a.22 caliber handgun to school and shot King twice in the back of the head while they were in a computer lab. McInerney had told a friend the day before that he planned to bring a gun to school the next day.

McInerney was tried as an adult. The prosecution theory was that McInerney committed first-degree murder, which was planned, contemplated and discussed in advance, and carried out with a conscious intent to kill. The defense presented the case of an overwhelmed child who felt sexually harassed by the gay teen's unwanted attention and snapped.

There was no dispute that McInerney pulled the trigger. The only question was his state of mind at the time.

A defendant's state of mind when he kills dictates the distinction between murder and manslaughter.

Murder in California is a killing with malice aforethought. Malice is found when the defendant intended to kill. When a murder is committed with premeditation and deliberation, it is first-degree murder.

A murder can be reduced to voluntary manslaughter, however, if the defendant acted in the heat of passion. A killing in the heat of passion requires that: 1) the defendant was provoked, 2) the provocation caused the defendant to act rashly and under the influence of intense emotion, 3) the defendant's emotion obscured his judgment and reasoning, and 4) the provocation would have caused the average person to act rashly.

To put it simply, to qualify for heat-of-passion voluntary manslaughter, the jury must find the defendant was so provoked by what the victim did, and reasonably so, that he killed out of intense emotion rather than deliberate judgment.

The question for McInerney's jury was thus whether he acted deliberately or in the heat of passion when he shot and killed King.

Determining a defendant's state of mind at the time of the crime is often a difficult task. This difficulty was borne out here where the jury was unable to decide. After eight weeks of testimony with close to 100 witnesses, the jury deadlocked 7-to-5 in favor of voluntary manslaughter.

Because the jury could not reach a verdict, the judge declared a mistrial on September 1, 2011. McInerney will now have to be tried again. If nothing else, the case has helped to educate the public about the difference between murder and manslaughter.

By: Blythe J. Leszkay

Blythe is an experienced and successful criminal attorney and expert consultant with Criminal Law Consulting. She consults with and educates writers and filmmakers about criminal law issues in their projects. She provides helpful information on criminal law at

You have permission to publish this article electronically or in print, free of charge, as long as the bylines are included and all links remain active. A courtesy copy of your publication would be appreciated.

Related Articles - murder, manslaughter, murder versus manslaughter, gay murder, teen murder,

Email this Article to a Friend!

Receive Articles like this one direct to your email box!
Subscribe for free today!

 Rate This Article  
Completely useless, should be removed from directory.
Minimal useful information.
Decent and informative.
Great article, very informative and helpful.
A 'Must Read'.


Do you Agree or Disagree? Have a Comment? POST IT!

 Reader Opinions 
Submit your comments and they will be posted here.
Make this comment or to the Author only:
*Your email will NOT be posted. This is for administrative purposes only.
Comments: *Your Comments WILL be posted to the AUTHOR ONLY if you select PRIVATE and to this PUBLIC PAGE if you select PUBLIC, so write accordingly.
Please enter the code in the image:

 Author Login 
Register for Author Account


Advertiser Login


   Limited Time $60 Offer!
   90  Days-1.5 Million Views  


Great Paranormal Romance


Steve Bye is currently a fiction writer, who published his first novel, ‘Looking Forward Through The...more

William Buchanan has worked in the fields of marketing, advertising, and marketing research for almo...more

A postgraduate in Fashion Technology. Shalini is a writer at heart! Writing for her is an expression...more

After 60-plus years of living I am just trying to pass down some of the information that I have lear...more

Susan Friesen, founder of the award-winning web development and digital marketing firm eVision Media...more

Stevert Mckenzie, Travel Enthusiast. ...more

At LeadGenerators, we specialise in content-led Online Marketing Strategies for our clients in the t...more

I am the editor of QUAY Magazine, a B2B publication based in the South West of the UK. I am also the...more

Author of four books and two screenplays; frequent magazine contributor. I have four other books "in...more

Hello, my name is Nevio Gardasanic. If you want to go beyond being just a perpetual beginner at thin...more

HomeLinksAbout UsContact UsTerms of UsePrivacy PolicyFAQResources
Copyright © 2022, All rights reserved.
Some pages may contain portions of text relating to certain topics obtained from under the GNU FDL license