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"That's why this appeal to tradition trumps a lot of other issues, in this case what might even turn out to be manslaughter," he added.
By contrast, a killing is considered to be manslaughter in cases where the defendant did not mean to kill but was grossly negligent for example, if a doctor fails to notice that a ventilator tube has been disconnected or caused someone's death while carrying out an illegal act.
"It appears to be manslaughter if not a murder," said Randall Kallinen, the Hernandez family's attorney.
Proctor said "no court in this country has ever found a failure to seat-belt to be manslaughter".
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"The potential charges are manslaughter, or second degree murder.
This is manslaughter by bureaucracy.
What Creed portrays is manslaughter.
His mother, Afriyie Gaspard, 29, is to be charged with manslaughter and murder, the police said.
Is it fair, he asks, for such crimes to be considered merely manslaughter?
Negligent hunting that results in a fatality has to be translated into manslaughter in the first, second or third degree.
The charges against her boyfriend, Edgar Ortega, are expected to be upgraded to manslaughter when she is taken off the respirator, the police said.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com