What Does a Manslaughter Charge Constitute?

#1
volprof

volprof

Destroyer of Nihilists
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#1
By now, I'd imagine most of you have heard about this incident with NASCAR driver Tony Stewart. Admittedly, I haven't read the article I link (it's mostly just to inform those who aren't familiar with the situation), but, as I currently understand, the situation is being investigated but there are no immediate accusations/charges of manslaughter.

I guess, aside from opinions on this issue, I also want to understand what a "manslaughter charge" is if it doesn't apply to this situation.

NASCAR's Tony Stewart hits, kills driver - CNN.com
 
#3
#3
Grand Vol said:
It's actually laughter of mans.
Click to expand...

Maybe I'm just uninformed about a manslaughter charge, but if this one doesn't get at least the most basic degree of that charge, then yeah, it is a laughter of mans.
 
#4
#4
volprof said:
By now, I'd imagine most of you have heard about this incident with NASCAR driver Tony Stewart. Admittedly, I haven't read the article I link (it's mostly just to inform those who aren't familiar with the situation), but, as I currently understand, the situation is being investigated but there are no immediate accusations/charges of manslaughter.

I guess, aside from opinions on this issue, I also want to understand what a "manslaughter charge" is if it doesn't apply to this situation.

NASCAR's Tony Stewart hits, kills driver - CNN.com
Click to expand...

As a race fan, it was an accident and nothing more. Apparently Tony wreck Kevin a lap or so earlier and caused Kevin to stop. Kevin gets out of his car, and remember he is 17 to 20, and thinks he is super man and wants to give the Sprint Cup Champion a piece of his mind and walks into the middle of an active racing groove. It may look bad but in order to drive sprint cars you have to gas them into the corner and let the rear hang out, your basically drifting through the turns. In fact you use the gas to steer them instead of the steering wheel to be honest.

It's a tragic accident for both parties but Kevin Ward's anger killed Kevin Ward. Also now a 20 something year old driver may have just cost a NASCAR star's career to end prematurely.
 
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#5
#5
volprof said:
Maybe I'm just uninformed about a manslaughter charge, but if this one doesn't get at least the most basic degree of that charge, then yeah, it is a laughter of mans.
Click to expand...

LG should (should...) be able to give you the textbook legal definition. But I do know there are variances from State to State on the application of the charge.

As for this, depending on the situation of course, it could be involuntary manslaughter. Depends on what the investigation turns up. But the other driver did walk out on the track and walk towards a moving vehicle. I'm not defending Stewart here, but the other driver put himself into a position to be hurt.
 
#6
#6
Grand Vol said:
LG should (should...) be able to give you the textbook legal definition. But I do know there are variances from State to State on the application of the charge.

As for this, depending on the situation of course, it could be involuntary manslaughter. Depends on what the investigation turns up. But the other driver did walk out on the track and walk towards a moving vehicle. I'm not defending Stewart here, but the other driver put himself into a position to be hurt.
Click to expand...

He or SDV should chime in on this.
 
#7
#7
Grand Vol said:
LG should (should...) be able to give you the textbook legal definition. But I do know there are variances from State to State on the application of the charge.

As for this, depending on the situation of course, it could be involuntary manslaughter. Depends on what the investigation turns up. But the other driver did walk out on the track and walk towards a moving vehicle. I'm not defending Stewart here, but the other driver put himself into a position to be hurt.
Click to expand...

My question then would be if charge Tony with this, would that not mean any future racing accidents be charged as manslaughter? That would really hurt the future of motorsports if that's the case. I mean, it's a risk every driver takes.
 
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#8
#8
Burhead said:
My question then would be if charge Tony with this, would that not mean any future racing accidents be charged as manslaughter? That would really hurt the future of motorsports if that's the case. I mean, it's a risk every driver takes.
Click to expand...

I think it will come down to whether or not Stewart did everything possible to avoid the collision.
 
#9
#9
Burhead said:
As a race fan, it was an accident and nothing more. Apparently Tony wreck Kevin a lap or so earlier and caused Kevin to stop. Kevin gets out of his car, and remember he is 17 to 20, and thinks he is super man and wants to give the Sprint Cup Champion a piece of his mind and walks into the middle of an active racing groove. It may look bad but in order to drive sprint cars you have to gas them into the corner and let the rear hang out, your basically drifting through the turns. In fact you use the gas to steer them instead of the steering wheel to be honest.

It's a tragic accident for both parties but Kevin Ward's anger killed Kevin Ward. Also now a 20 something year old driver may have just cost a NASCAR star's career to end prematurely.
Click to expand...

How true is this during a caution?

(I haven't watched the video so I'm just asking)
 
#10
#10
Grand Vol said:
I think it will come down to whether or not Stewart did everything possible to avoid the collision.
Click to expand...

He did the same as the other cars on the track. It's pretty obvious if you get out of your car & purposely run into the line of traffic there's a chance you get hit.
 
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#11
#11
Grand Vol said:
I think it will come down to whether or not Stewart did everything possible to avoid the collision.
Click to expand...

Question-

If you are driving down the road,come in to a corner and hit some one, is that manslaughter? Or just an accident?
 
#12
#12
Thanks, guys! No doubt Ward is most at fault for his own death, but people have been charged for manslaughter for killing reckless people before.

Admittedly, I wasn't watching, so maybe I just don't understand the dynamics and, therefore, am stabbing in the dark. Also a potential manslaughter conversation if I keep stabbing enough.
 
#13
#13
govols/cc said:
He did the same as the other cars on the track. It's pretty obvious if you get out of your car & purposely run into the line of traffic there's a chance you get hit.
Click to expand...

I'm not disagreeing in the least.

One thing about it, we are all basing our opinions on a grainy YouTube video. Different angles might show different things.
 
#14
#14
Obsessed said:
Question-

If you are driving down the road,come in to a corner and hit some one, is that manslaughter? Or just an accident?
Click to expand...

Probably depends on what the ensuing investigation determines regarding your driving and precautions given the actions of the dead person in question at the time of their demise.
 
#16
#16
volinbham said:
How true is this during a caution?

(I haven't watched the video so I'm just asking)
Click to expand...

Well it's not like they creep down to 5 mph. They usually reduce speed & get setup for a restart while the disabled car is getting taken care of. There's usually not guys running down the middle of the track either. The libs & pc folks wanna ask what Tony could've done to avoid it & place blame on him instead of the person that purposely put himself in harms way.
 
#17
#17
Obsessed said:
Question-

If you are driving down the road,come in to a corner and hit some one, is that manslaughter? Or just an accident?
Click to expand...

Lot of factors came into play. Environmental conditions (rain, darkness, etc), vehicle condition (condition of tires, brakes, etc), placement of the individual, speed...

Too many factors to be able to give a one size fits all answer.
 
#18
#18
volprof said:
Probably depends on what the ensuing investigation determines regarding your driving and precautions given the actions of the dead person in question at the time of their demise.
Click to expand...

Stepped out of a tree line, or off the edge of a curb maybe.

I'm suggesting that low visibility and especially the characteristics of a sprint car play in to this.
Folks are hit frequently in New York City I would think.


Just thinking out loud prof.....
 
#19
#19
Burhead said:
As a race fan, it was an accident and nothing more. Apparently Tony wreck Kevin a lap or so earlier and caused Kevin to stop. Kevin gets out of his car, and remember he is 17 to 20, and thinks he is super man and wants to give the Sprint Cup Champion a piece of his mind and walks into the middle of an active racing groove. It may look bad but in order to drive sprint cars you have to gas them into the corner and let the rear hang out, your basically drifting through the turns. In fact you use the gas to steer them instead of the steering wheel to be honest.

It's a tragic accident for both parties but Kevin Ward's anger killed Kevin Ward. Also now a 20 something year old driver may have just cost a NASCAR star's career to end prematurely.
Click to expand...

Yes it was an accident but Tony should be charged. Tony goosed it trying to scare the kid, he screwed up and killed him. He had plenty of room to miss him and chose otherwise.
 
#20
#20
govols/cc said:
Well it's not like they creep down to 5 mph. They usually reduce speed & get setup for a restart while the disabled car is getting taken care of. There's usually not guys running down the middle of the track either. The libs & pc folks wanna ask what Tony could've done to avoid it & place blame on him instead of the person that purposely put himself in harms way.
Click to expand...

I think that is one of the more stupid things I've seen you post.

Those questions have to be asked.
 
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#22
#22
volfanhill said:
Unless they find drugs or alcohol in Tony's system there will be zero charges.
Click to expand...

Not true. They could charge him with manslaughter if they believed he acted in a negligent or reckless manner. From watching the tape, I don't see believe they'll charge him, but they certainly could if they wanted
 
#25
#25
SDV said:
Not true. They could charge him with manslaughter if they believed he acted in a negligent or reckless manner. From watching the tape, I don't see believe they'll charge him, but they certainly could if they wanted
Click to expand...

Being in the legal world, in your opinion should this warrant a normal accident investigation or manslaughter?

Curious.
 
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