Unlike most crimes, involuntary manslaughter is not a crime in which the accused's state of mind or intent is an element. The California Penal Code defines it as an accidental homicide committed either during the commission of a non-felony crime or as the result of reckless conduct during a lawful activity. Under either theory, there is no allegation of intent by the accused to kill the victim. If the case is based on an allegation involving a lawful act, the prosecution must, however, prove the accused/defendant knew or should have known the conduct was such that it posed a potential danger to others.
Whoever says our feelings don’t matter is probably ignorant to the fact that feelings are often in the driver seat of our decision-making Ferrari. It is our feelings or anticipated feelings that drive us to do what we do, despite our head-knowledge on moral behavior and our agreement with what is relatively “right” and “wrong”.
On Nov. 28, four California men were arrested for allegedly running a sophisticated drug trafficking scheme out of San Jose. The defendants, who all range between the ages of 35 and 42, are facing various drugs and weapons charges.