WRONGFUL DEATH: CHARACTERISTICS, REAL EXAMPLES - ARTE - 2024

Wrongful death involves murdering another person acting culpably, even if it is without intention to take life. There must be negligence and a direct causal link between the action of the murderer and the death. If the victim has a concurrent role in the events that lead to death, it would no longer be classified as wrongful death.

However, when the victim participates in the event but there is a link between the homicide's culpable action and the result of death, it is still considered wrongful homicide. An example of wrongful death may be a fast-moving driver who may stop the car before hitting a child crossing the street, causing death.

Another example might be a negligent doctor whose patient dies from malpractice; or a hunter who, cleaning his shotgun, lets out a shot and kills his wife, who is next to him.

Ignoring rules or regulations does not directly cause guilt; there must be a direct link between the wrongful act and death.

characteristics

The characteristics of culpable or reckless homicide are well defined in article 142 of the Spanish Penal Code, where it establishes the following:

“1- Anyone who causes the death of another due to gross negligence shall be punished, as a criminal of imprudent homicide, with a prison sentence of one to four years.

2- When the reckless homicide is committed using a motor vehicle, a moped or a firearm, the penalty of deprivation of the right to drive motor vehicles and mopeds or the deprivation of the right to possession will be imposed, respectively. and possession of weapons from one to six years.

3- When the homicide is committed due to professional negligence (it may be medical negligence) it will also impose the penalty of special disqualification for the exercise of the profession, trade or position for a period of three to six years. "

Here are the characteristics that explain the previous standard:

- There is a need for serious recklessness on the part of the homicidal subject.

- If it occurs with a vehicle, motor or firearm, in addition to the jail sentence, the power to drive vehicles or the possession of weapons is withdrawn for 1 to 6 years.

- If there is professional recklessness (for example, a doctor) in addition to jail, the license to practice medicine is withdrawn for 3 to 6 years.

Real examples

Dr. Conrad Murray (Michael Jackson)

A real example of wrongful death is that of Michael Jackson's physician, Dr. Conrad Murray.

In 2009 Michael Jackson passed away due to severe propofol and benzodiazepine intoxication at his home on North Carolwood Drive in Los Angeles.

His private physician, Conrad Murray, reported that he discovered Michael in his room, out of breath and with a very weak pulse, and that he performed resuscitation maneuvers to no avail.

Emergency services were called in for help, Jackson was treated by paramedics at his home and pronounced dead at UCLA's Ronald Reagan Medical Center.

Days later, the competent coroner in this case declared that his death was a homicide. Shortly before his death, Michael Jackson had taken propofol and two anti-anxiety benzodiazepines, lorazepam and midazolam, at home.

His personal physician was convicted of involuntary manslaughter. In this case, it is the negligence of the doctor when giving the patient a combination of medications, the obvious cause of the singer's death.

Oscar pistorius

South African athlete Oscar Pistorius was found guilty of wrongful death after the judge found that he had mistakenly killed his girlfriend.

Judge Thokozile Masipa declared that the athlete had acted "negligently" when he fired through the bathroom door, but with the belief that there was an intruder in his home.

The prosecution attorney had been unable to prove that he intended to kill Reeva Steenkamp. In other words, since the existence of fraud cannot be proven, it is a manslaughter or involuntary murder.

Difference between wrongful death and intentional homicide

Homicide exists when an individual takes the life of another. If the murderer has the intention or intention to end the life of another human being, it is called intentional homicide.

However, when the death is the result of a reckless action (traffic accident, medical malpractice) then it is a wrongful or reckless homicide.

Obviously, it is not as serious to purposely take the life of another person, as when it happens due to a reckless action for not being careful. Consequently, the penalties for intentional and culpable homicide are very different, taking into account the different degrees of severity.

Regarding the penalties with which homicide is penalized, there is a very wide variety: from reckless homicide, which has penalties of between 1 and 4 years of deprivation of liberty; up to intentional homicide, with a prison term of 10 to 15 years.

The difference between intentional and culpable homicide is in the intentionality of the murderer; that is, if their intention was to kill or not.

Murder, manslaughter with intent and aggravated

Without a doubt the gravest expression of ending someone's life is murder. It is a murder with intent; it means that there is an intention to kill but, in addition, it has other characteristics such as treachery, cruelty or price competition.

The treachery occurs if, when executing the crime, a means is used that leaves the victim without possible defense. The cruelty involves voluntarily and disproportionately increasing the suffering of the victim, producing unnecessary pain to kill him. Price concurrency refers to when there is a payment for the murder.

For it to be classified as murder, at least two of these three elements must be present. It is important to establish it, since the penalty for murder can reach up to 25 years of deprivation of liberty.

References

1. Lawyer. Involuntary manslaughter; General description. Abogado.com
2. Hilda (2008). Culpable homicide. Law.laguia2000.com
3. Vazquez & Apraiz Asociados. Crime of homicide. Tuabogadodefensor.com
4. Joaquin Delgado (2016). What are the differences between murder and homicide? Confilegal.com
5. Alfred López (2013). What is the difference between committing a murder and a homicide? blogs.20minutos.com