Keep Musicking: Michael Jackson's doctor is charged with what?

Confused by what the legal terms mean? Conrad Murray faces being charged with involuntary manslaughter. Some people want to know why it isn't murder. There are fine distinctions between the definitions for voluntary manslaughter, involuntary manslaughter, and murder. For those who want to know what that means, here is a definition from dictionary.law.com:

manslaughter
n. the unlawful killing of another person without premeditation or so-called "malice aforethought" (an evil intent prior to the killing). It is distinguished from murder (which brings greater penalties) by lack of any prior intention to kill anyone or create a deadly situation. There are two levels of manslaughter: voluntary and involuntary. Voluntary manslaughter includes killing in heat of passion or while committing a felony. Involuntary manslaughter occurs when a death is caused by a violation of a non-felony, such as reckless driving (called "vehicular manslaughter").

Originally there were thoughts of charging Murray with second-degree murder, but that charge would be harder to prove than involuntary manslaughter. Here is a generic definition:

second degree murder
n. a non-premeditated killing, resulting from an assault in which death of the victim was a distinct possibility. Second degree murder is different from first degree murder, which is a premeditated, intentional killing or results from a vicious crime such as arson, rape or armed robbery. Exact distinctions on degree vary by state.

There are some problems with both criminal charges. If it can be shown that Michael Jackson also contributed to his own death, then it may be shown that Murray was not at fault to a criminal degree. Murray's attorney, Michael Flanagan stated that Jackson took Propofol orally and may have taken other sedatives without telling Murray.

Whatever happens in the criminal case, there is no doubt in anyone's mind that Murray will also be sued in civil court for wrongful death. If the People successfully prosecute the involuntary manslaughter case, there is no doubt that the Jacksons will be successful in a civil case. Who knows what other civil wrongs they can add to it. Here is a definition for wrongful death.

wrongful death
n. the death of a human being as the result of a wrongful act of another person. Such wrongful acts include: negligence (like careless driving), an inten- tional attack such as assault and/or battery, a death in the course of another crime, vehicular manslaughter, manslaughter or murder. Wrongful death is the basis for a lawsuit (wrongful death action) against the party or parties who caused the death filed on behalf of the members of the family who have lost the company and support of the deceased. Thus, a child might be entitled to compensation for the personal loss of a father as well as the amount of financial support the child would have received from the now-dead parent while a minor, a wife would recover damages for loss of her husband's love and companionship and a lifetime of expected support, while a parent would be limited to damages for loss of companionship but not support. A lawsuit for wrongful death may be filed by the executor or administrator of the estate of the deceased or by the individual beneficiaries (family members).

Many also seem unclear on the distinction between criminal liability and civil liability. When dealing with a criminal case, the compensation is to society in terms of a person going to jail and also paying fines. In a civil case, the compensation to a victim or victims is awarded in dollars. Millions can't replace the loss of a father or family member.

The most recent 6 day pre-trial hearing could best be described as a dress-rehearsal to decide if there is enough evidence to continue to a trial. There was, in the court's opinion. The legal system is complex.

With so much in dispute, this won't be over anytime soon. Murray's next court appearance will be January 25th, 2011 in Los Angeles for trial.

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