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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. As Amended SEC. 97-1-3. Accessories before the fact. Every person who shall be an accessory to any felony, before the fact, shall
be deemed and considered a principal, and shall be indicted and punished as
such; and this whether the principal have been previously convicted or not. SOURCES: Codes, Hutchinson's 1848, ch. 64, art. 12, Title 8 (6); 1857, ch. 64, art. 2; 1871, Sec. 2484; 1880, Sec. 2698; 1892, Sec. 950; 1906, Sec. 1026; Hemingway's 1917, Sec. 751; 1930, Sec. 769; 1942, Sec. 1995.
The above 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, not only has a criminal act
been committed, but constitutional rights have been 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) ********************************************************************************************** THE BELOW IS FROM "GOD'S LINCHPIN" Several studies on the problems
of maturing have cautioned against the use of alcohol by children and young
people. These have been based on the accepted thesis that the average person
does not fully mature until they are about 25 years of age. Insurance Companies
are concerned about the young and immature driver and for this reason the
insurance rates are extremely high until the driver becomes 26 years of age. The
maturing process revolves around the development of a small but vital organ
located in the brain. This organ known as the hypothalamus, is vitally effected
by alcoholic beverages be they beer, wine or liquor. The eminent Dr. Jorge
Valles, M.D., a psychiatrist extensively involved in therapy work with
alcoholics and vitally concerned as to "what causes the alcoholic"
points out in his book "From Social Drinking to Alcoholism" that:
"The younger the age at which an individual starts to ingest alcohol, the
greater the chances that he will develop into a chronic alcoholic. For the
action of the alcohol is channeled directly toward the adolescent's imbalanced
hypothalamus and autonomic nervous system, thereby obstructing his emotional
maturation on both psychological and physiological levels. The regular or
frequent ingestion during adolescence may produce a permanent imbalance of the
hypothalamus and a concomitant irreversible malfunctioning of the autonomic
nervous system, thereby leading to the development of chronic alcoholism. In
brief, the direct action of the alcohol on the hypothalamus produces chronic
alcoholism." (End God's Linchpin) |