Convoluted legal question about manslaughter

BrightSera

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Background: This was inspired by a case in my hometown. A man was convicted of manslaughter and assault and sentenced to 3 years for a single punch. The victim later died at home. The initial assault was over a sports jersey. And from my research it's not the first case like this. I've also looked up and bookmarked the various laws.

Scenario: Character A finds Character B (in a room with no other witnesses) with his girlfriend ( of A,) attempting to rape her. She is drunk or otherwise unable to consent. A pulls him off and punches him and removes her from the situation. Later B dies from the injury and A is arrested. A tells law enforcement B was trying to rape her, which would fall under the self-defense in defense of another, but no reliable witnesses to the actual attempted rape only for the assault, she has no clear memory of it, and for the sake of the story it was attempted rape so evidence is going to limited.

My question is what would likely happen after this? What I want to happen is for the character A to plead guilty for various reasons. But what I want and what is actually based in reality can be two different things.
 

L.C. Blackwell

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You need Jim Clark-Dawe to fill you in on this. In theory, prosecutors would have a hard time proving that "A" did not act in lawful defense. The burden of proof is supposed to rest on the prosecution, and not the defendent.

My guess: in reality, just about anything could happen in this case. It's particularly likely to result in charges if:

--"B" was related to a prominent person
--"B" was a prominent or wealthy person with connections to local politicians
--the prosecutor is out to make an "example"
--the prosecutor is out to make a career
--"A" had any blood alcohol content, even if less than the legal limit at the time of the incident
--"A" had previously made threats against "B" or was known to have argued with him
--"A" is a character of minority race or culture; while "B" was a WASP (White Anglo-Saxon Protestant).

Now, while "A" would be very smart to go to a jury trial, he might have reasons not to do that, particularly if he's a minority male facing trial in an upper class white community--or any other community where he has reason to believe a jury would be stacked against him.

If he's white, and not wealthy, he might be worrying about the quality of public defender available, or feel that he can't pay a competent lawyer.

He might be young, frightened, and looking at the worst case scenario. A plea bargain looks better than thirty years in prison, while the police and prosecutors are telling him they have an open-and-shut case.

Again, I'm not an attorney, and we really need Jim to wander in here, but these are my thoughts. Others may have more to contribute.

:)
 

L.C. Blackwell

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Btw, you'll need a good reason for the police to believe "A" was at fault in the death.

If there are no witnesses, then "B" or "B"s family would have to make a police report, or inform doctors of the incident. They would almost certainly not tell the whole truth regarding it.
 

jclarkdawe

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You say this happened in a room, but you don't say where the room was. Is it in his house, or her house, or a business, or a classroom? It can make a difference.

Is she conscious and into it, but for the fact that she's so drunk she can't consent? Or is she unconscious and dead to the world? The problem with the first is jealousy rears its ugly head and how does he know she's being raped?

They probably will not arrest him until after they talk with him. And maybe not even then. If his story is coherent, why don't they believe him? What evidence do the police have that your character was the aggressor?

Does the rapist have a history? Probably not with the type of rape you're describing, but if he does, that's a factor here. Does he have a criminal history?

How does the rapist know the woman? How did they meet? Why is it likely that she would have consensual sex with him?

Did your good guy know the bad guy? What is the relationship?

But for a plausible scenario. Guy knows rapist, and has several times seriously threatened him, without saying why, in public. Rapist has never been arrested, but is suspect in several rapes. Punch connects right on the back side of the ear (which can be offensive or can be sneak attack). During questioning, guy admits he's happy the guy is dead, because he's a rapist. So you've got a defense of others argument, but with prior threats, against a bad person. It could be plead down to reckless conduct, felony level, and a 1 or 2 year prison sentence

Best of luck,

Jim Clark-Dawe
 

BrightSera

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A and B had a prior public fight where A appears the aggressor but B was harassing the girlfriend.

B, the victim, is the son of the mayor or local prosecutor, something like that. A is a middle class 18 year old, his parents disown him afterward and he is on his own in regards to lawyers so he uses a public defender.

B does have a reputation for being sexually inappropriate but nothing on record and it is regarded as a 'boys will be boys' thing.

Witness to the assault denies seeing the attempted rape for their own motives.

I want A and his girlfriend to be sympathetic, but on the other hand I don't want to make out B to be this hard core stereotypical rapist either. Unsympathetic, yes. But also a product of the attitudes and environment in a small community.
 

L.C. Blackwell

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I think you're on a pretty logical track. An eighteen-year-old with a public defender can be vulnerable, especially if it's known in the community that the parents are not supportive. Likewise if the public defender is less than competent. I'd like to say it ain't so, but there are plenty of cases where poor representation happens, and the assigned "defender" is the one pushing for the plea bargain.

The one thing that seems a little off to me--so make sure your background and logic are sound for this--is that most middle-class parents (most parents of any sort) will come to the child's defense, and get nearly rabid about it, especially with a false accusation. For them to actually expel their son from their home and refuse to help him, there will have to have been a very dysfunctional dynamic in place already.
 

kaitie

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I'm not a legal person so I can't answer in that regard, but from a reader's perspective, my first thought is that if the girlfriend is there, but unconscious, it would lend credence to A's story, right? I mean, if she's questioned and says "I was passed out on the couch the whole time and don't know what happened," or she wakes up partially dressed, or something of that nature, it would sound like his story was accurate.

I'm not sure off the top of my head how to explain her presence in a way that doesn't fit his story, unless she's saying it didn't happen that way. I'm sure there are ways to do it, but my first thought is "but what is the girlfriend saying?"

It could be interesting if, for her own reasons, she's denying it.

ETA: Does B die before he's found? Or is this like a couple of days later sort of thing? Is it possible that he's able to say something to the police? If he's from a prominent family, or he's a well-liked kid for whatever reason, then maybe people just tend to side with believing his side of the story. I mean, it's possible he says the same thing--I caught A trying to rape the girl and tried to stop him. It's one side against the other.

This keeps making me think about the recent rape case with the football boys in the place I can't spell without looking it up. The way the community initially tried to protect the boys. If B is someone who the community views in the right sort of way, and then he's killed, I can totally see an entire community basically treating it as if A is guilty from the beginning. He'd have such an uphill climb because the media and the people have already basically decided he's guilty.

Maybe his parents believe that version, too, and are horrified he'd do something like that (not as likely, but I can think of a couple of situations in which I can see that). Or maybe they just don't have the money to afford a good attorney.
 
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L.C. Blackwell

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Heh--crossposted.

**

Now, about "B." This is easier than you might think. It's why young people get away with these crimes all the time.

All you need is a nice, successful young man who's gotten most of life to go his way. He may be handsome, athletic, and he's very privileged. He can be a charmer, and thanks to daddy's money and not enough rejection, he's pretty sure he deserves to get whatever he wants. In other words, he feels entitled.

He might do a good deed for a friend, but he's a macho boy. Women, to him, are pretty but weak. Any courtesy he shows them comes with a good tinge of chauvinism, even if he doesn't recognize it. When it comes to sex, he can't imagine why anyone wouldn't want to sleep with him; and the resulting logic, is "she might say no, but she doesn't really mean it."

Add a couple of drinks, a pretty girl, and an empty room, and you've got everything needed for "B" to make an attempt.
 

BrightSera

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I'm not a legal person so I can't answer in that regard, but from a reader's perspective, my first thought is that if the girlfriend is there, but unconscious, it would lend credence to A's story, right? I mean, if she's questioned and says "I was passed out on the couch the whole time and don't know what happened," or she wakes up partially dressed, or something of that nature, it would sound like his story was accurate.

I'm not sure off the top of my head how to explain her presence in a way that doesn't fit his story, unless she's saying it didn't happen that way. I'm sure there are ways to do it, but my first thought is "but what is the girlfriend saying?"

It could be interesting if, for her own reasons, she's denying it.

But what if no one believes her? Isn't that plausible? By the way she's not unconscious but drunk and/or drugged to the point she can't consent.

She could say, "I remember not wanting to go with him and think he did xyz but I can't be sure," because between drugged and/or drunk AND sexual assault, not remembering things clearly is really, really common.

And what if the reaction of the police and legal people is "Right, we're supposed to believe you when you're drunk like everyone else around you, can't tell us any details and there is no evidence other than you were in the room half-naked with the victim in a party filled with half-naked people?"
 

jclarkdawe

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A and B had a prior public fight where A appears the aggressor but B was harassing the girlfriend. I'd give your hero a misdemeanor conviction for assault from that case. That means he can be on probation, which results in a faster arrest. It also limits his ability to testify in the next case.

B, the victim, is the son of the mayor or local prosecutor, something like that. Which means this case would go to the county or state to investigate. Local police and prosecutor too subject to pressure.

A is a middle class 18 year old, his parents disown him afterward and he is on his own in regards to lawyers so he uses a public defender. Seen this a couple of times. It's unusual but it does happen. Starting cost for an assault resulting in death for an attorney would be $10k, money up front. Total fee could easily exceed $50k.

B does have a reputation for being sexually inappropriate but nothing on record and it is regarded as a 'boys will be boys' thing. Likely the police are hearing rumors and the high school principal is even more likely to have. It's questionable whether you can get it in at trial, but it's the threat of getting this in that makes a difference. Pressure can be applied to get a better sentence.

Witness to the assault denies seeing the attempted rape for their own motives. I'd get rid of the witnesses. They just clutter up the story.

I want A and his girlfriend to be sympathetic She's going to be stupid and not much you can do with it.

, but on the other hand I don't want to make out B to be this hard core stereotypical rapist either. Unsympathetic, yes. But also a product of the attitudes and environment in a small community. Long ago and far away, guys used to calculate how many beers it would take to get a girl horny enough to jump into bed. Now that approach can result in a rape conviction. He's not a rapist in the classic use of the term, but a selfish ass who doesn't care who he screws to get what he wants. He's chum (shark bait).

But what if no one believes her? Isn't that plausible? By the way she's not unconscious but drunk and/or drugged to the point she can't consent. It's possible the police won't believe her, but less and less likely. But I'd start her out somewhere public and coming onto the guy, mainly because she's blitzed out of her freaking gourd. This is the situation in the Ohio case you reference. She's at a party, going wild, and then the rape happens. Rape is because she's so drunk she can't consent.

She could say, "I remember not wanting to go with him and think he did xyz but I can't be sure," because between drugged and/or drunk AND sexual assault, not remembering things clearly is really, really common. Unfortunately. And without a blood alcohol level (BAL), it's hard to prove.

And what if the reaction of the police and legal people is "Right, we're supposed to believe you when you're drunk like everyone else around you, can't tell us any details and there is no evidence other than you were in the room half-naked with the victim in a party filled with half-naked people?" Can't tell the police any details and doesn't remember tend to be indicators she was drunk beyond the point of being able to competently make a decision.

Best of luck,

Jim Clark-Dawe
 

ironmikezero

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Don't overlook the fact that any prosecutor will take all the evidence into consideration in deciding whether or not to proceed. Prosecutors are loathe to pursue a case they're not reasonably assured of winning. There are always political ramifications.

You have a real problem if you have a witness who lies, or withholds the truth.

Felonies are typically presented to a Grand Jury whose members decide if the evidence presented warrants the return of a true bill - and indictment. If the Grand jury does not indict ("no bill") the case does not proceed - and the prosecutor is off the political hook (plausible deniability).

If that lying witness offered sworn testimony to the Grand Jury, that's perjury, regardless of the Grand Jury's decision.

Upon the return of an indictment, a warrant, summons, or subpoena is issued to cause the presentation of the accused before the court. The process of legal proceedings begins.

Jim can offer much more detail from this point on - and I'm sure he'll point out that if the decedent is extremely well known and/or well regarded in the community, and there has been sufficient regional publicity, the defense would offer immediate motions for pre-trial release (personal recognizance or minimal bail/bond) for the duration of the legal process and very likely a change of venue.