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Kelly Hallett Law Case Fact

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Negligent homicide

CASE Facts:
Around 10:30 p.m. one night after Kelly Hallett and Richard Felsch had drunk to intoxication, they drove to a highway intersection which has stop signs. However, they bent over the stop signs. Then Hallett removed and relocated with another stop sign.The following morning Krista were driving on that highway and when she drove to the intersection where she didn’t see the stop sign, an accident happened. Krista collided with a car driven by Betty Carley. Carley then suffered injuries and die at a hospital. Hallett was charged with manslaughter.
Analysis:
In this case, Hallett will be charge with criminal homicide.
There are three kinds of criminal homicide, Muder, Manslaughter and Negligent homicide.
Murder is defined as the killing of one human being by another intentionally with malice aforethought, In many states can by punished by the death penalty because Murder is graded as felony. However in this case, Hallett could not be guilty of murder. Because the evidence showed that Hallett was not premeditated remove the stop sign. He didn’t intended to cause the injuries of Carley. So due to the definition of murder. Hallett can’t be guilty for Murder.
In determining whether one should be charged with manslaughter the crime of killing a human being without malice aforethought, or otherwise in circumstances not amounting to murder. Moreover. Whether the person could be charged with the same offense which cause him has had to defense.,In this case, due to the definition of Manslaughter, Hallett didn’t face any dangerous when he was removing the stop sign. Therefore,Hallett can not be charge with manslaughter.
In this case, Hallett can be charge with Negligent homicide. Negligent homicide defined as when one person causes the death of another through criminal negligence which the victim's death is unintended. Even Hallett didn’t mean to cause the injuries of Caryley, the original reason for this accident was done by Hallett. Therefor Hallett have to take responsibility for Carley’s death.

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