<respectfully snipped>
I can't speak to whether or not the Crumbley parents are over-charged, but I think that proving manslaughter might be an uphill battle for prosecutors. Here is a good explanation for the crime of manslaughter in Michigan. I don't see how James and/or Jennifer Crumbly meet the criteria for having committed manslaughter. JMO
Manslaughter is homicide without the elements of malice and premeditation. Our lawyers have a successful history defending clients charged with all types of homicide. Call 800-342-7896 for a free consultation with a Michigan Criminal Defense Lawyer.
www.grabellaw.com
In Michigan, the crime of manslaughter (voluntary) is similar to that of murder, however without the element of malice aforethought. While manslaughter is not justified, the circumstances under which an individual commits an intentional killing often mitigate the homicide. In order for prosecutors to prove the charge of voluntary manslaughter, he/she must prove three elements beyond a reasonable doubt.
Elements of manslaughter:
- That the defendant caused the death of the deceased victim, that the deceased individual died as a result of the defendant's action.
- That the defendant either:
- intended to kill the victim
- intended to do great bodily harm to the victim,
- created a situation where the risk of great bodily harm or death was very high, knowing that as a result of the defendant's actions he or she knew that serious harm or death would likely result.
- That the defendant caused the death of the victim without justification or lawful excuse.
Involuntary manslaughter occurs when an individual kills another person without intent, or unintentionally. The criminal penalties for involuntary manslaughter are as severe as those for voluntary manslaughter...