19 May 2003

Prosecution Overreach v. Jury Common Sense

Two cars were dragging and hit a third car, killing its occupants. The prosecutor really stretched and tried to convict of "second-degree murder under the legal theory of implied malice." On a theory, I guess, that every time you speed you have a malicious intent.

The jury thought about it, applied common sense, and rejected the theory. They did not let the drivers go; they convicted the drivers of the appropriate offense: manslaughter.


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