They Knew or Should Have Known
The below are but a few defininitions of the possibilities that may or may not apply to the reader’s particular situation. I urge, and suggest strongly, that the reader retains an attorney for further advice. This writer personally believes, and alleges, not only has a criminal act been committed, but constitutional rights have been violated.
Manslaughter:
Manslaughter is the unjustifiable, inexcusable and intentional killing of
a human being without delibertation, premeditation, and malice. State v.
Bannister, MO.App., 512 S.W. 2d 843, 845. The unlawful killing of a human
without any delibertation, which may be involuntary, in the commission of a
lawful act without due caution and circumspection. Wallace v. U.S., 162 U.S.
466, 16 S. Ct. 859, 40 L. Ed. 1039. (Blacks Law Dictionary, 6th
Addition, page 964)
Involuntary Manslaughter: Involuntary
manslaughter is the unintentional killing of a human being that results from a
failing to perform a legal duty under circumstances amounting to criminal
negligence.
Involuntary Manslaughter: Such exists where a person
is committing an unlawful act not felonious or tending to great bodily harm, or
in committing a lawful act without proper caution or requisite skill,
unguardedly or undersignedly kills another. Model Penal Code, 210.3(1)(a); 18
U.S.C.A. 1112. (Blacks Law Dictionary, 6th Addition, page 964)
Criminal negligence: Conduct that shows a
reckless disregard for human life or safety and a willful indifference to the
injury that is likely to follow. Add conspiracy to coverup the crime by two or
more individuals and federal civil rights charges can be applied. For the
federal law to apply, there must be
proof that two or more people were conspiring to deprive an individual of civil
rights. To go a step further, if death results, conviction can result in a term
of up to life imprisonment and tens of thousands of dollars in fines. Probable
cause is all that is needed for a Grand Jury to bring formal charges
(indictment) against the accused.
Probable Cause: Reasonable ground
for suspicion, supported by circumstances strong enough to warrant a cautious
man’s belief that the law has been, or is being, violated.
FEDERAL LAW:
Under federal law it is illegal to give anything of value to a public
official “for or because of any official act performed or to be performed”
by the official. Government ethics regulations say officials may not accept a
gift valued at more than $20. In contrast, the gratuity statute ( a criminal
law) has no minimum. Any gift of value given to influence official acts violates
the law.
Such laws are important because to accept such a gift would place the
official in conflict of interest or at least raise the appearance of a conflict
of interest.
Federal officials are required by law and ethics regulations to maintain undivided loyalty to the nation rather than lobbyists and other special interests seeking to curry favor or gain special access. (By Warren Richey, staff writer of The Christian Science Monitor, Tuesday, March 2, 1999)