boytoy421 t1_iyc46l3 wrote
Reply to comment by NonIdentifiableUser in Philly DA files motion to reconsider sentence for former officer convicted of voluntary manslaughter by redeyeblink
You think a lot of black guys are getting 11 months for manslaughter in the first place?
Not to mention the aggravating factor that the murderer in question was law enforcement and should thus be held to a higher standard
(Edit: misspoke)
Paparddeli t1_iycp5s5 wrote
He was convicted of voluntary manslaughter not felony (2nd degree) murder. Voluntary manslaughter has significantly lesser penalties - the max he could have gotten was 10 to 20 whereas it would be life for felony murder, but since he had no prior record and he was a cop doing his job (yes he screwed up but any judge would have sympathy for a cop in this position) it was guaranteed to be a lot less.
delcocait t1_iycvwyu wrote
Voluntary manslaughter is a first degree felony in Pennsylvania.
https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/18/00.025..HTM
Paparddeli t1_iycwcti wrote
Right, but it's not felony murder. That was my point.
delcocait t1_iycx3df wrote
Your wording was unclear, it seemed to imply this was not a felony. I think colloquially we would all refer to voluntary manslaughter as a murder. And it was certainly a felony.
Paparddeli t1_iyd5nu5 wrote
Voluntary manslaughter is considered homicide but not murder under the legal definition. I realize the confusion in my earlier post now, my wording wasn't wrong but I didn't explain it clearly enough. Homicide includes manslaughter and murder (murder being the more serious crime). Murder is divided into three degrees. First is the most serious kind of intentional killing. Second degree is murder during the commission of a felony, and also requires a life sentence like first degree. Third degree is less serious and then below these you have voluntary and involuntary manslaughter that are lesser offenses.
The degrees of felonies is a separate thing from the degrees of murder. The relevance of voluntary manslaughter being a first degree felony is that the max sentence is 20 years max and 10 year minimum. The three kinds of murder offenses aren't included in the felony grading, they have their own maximum sentences.
degreelesspotatohead t1_iyd3sd0 wrote
The issue is that "felony murder" is a specific thing, not just a homicide that is a felony. If someone dies during the commission of (certain) felonies, those responsible for the felony are guilty of murder regardless of whether they intended the death. For example, if you rob a store and the clerk dies of a heart attack, you may be charged with felony murder. In PA, felony murder carries a mandatory life sentence.
JWHISKY707 t1_iycuxqe wrote
Dont think it was felony murder.
Franklinia_Alatamaha t1_iycvlr0 wrote
Correct, it was not. A.) Felony Murder is Murder in the 2nd Degree in PA and is punishable *only* by a determinant life sentence (in prison until you are dead, no exception), B.) He was not convicted of Murder in the 2nd Degree or any type of Murder charge, C.) He was convicted of Voluntary Manslaughter.
[deleted] t1_iycwfzg wrote
[deleted]
PhillyPanda t1_iyd15ve wrote
>Not to mention the aggravating factor that the murderer in question was law enforcement
Where are you getting that’s an aggravating factor in PA?
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