r3rg54 t1_j1atmw8 wrote
Reply to comment by RIP_BEARS in DC Police Officers Found Guilty in Karon Hylton-Brown’s Death by foodude84
> proving the accused has the intention to kill or harm
This isn't required for second degree murder in DC, though it would be enough. It would also count if there is sufficient recklessness.
RIP_BEARS t1_j1ayj6y wrote
Whoever with malice aforethought, except as provided in §§ 22-2101, 22-2102, kills another, is guilty of murder in the second degree. For purposes of imprisonment following revocation of release authorized by § 24-403.01(b)(7), murder in the second degree is a Class A felony.
Any definition of malice aforethought, whether Blacks or general definitions, has intention as an element.
A good example of this would be George Floyd; whether he intended to kill him or not, that officer intentionally committed the act/applied the force (the knee on back, etc) that led to the death. In this case though, they aren't the ones who applied the force or action that killed him. Seems much more like a matter of involuntary manslaughter, though I don't know the statutes for that, so I'm guessing.
Viewing a single comment thread. View all comments