Michael Jackson Doctor Conrad Murray Pleads 'Not Guilty' to Involuntary Manslaughter
A Closer Look at the Iinvoluntary Manslaughter' Charge in California
Conrad Murray Charged With Involuntary Manslaughter
The involuntary manslaughter charge in connection with Michael Jackson doctor Conrad Murray has been a long time in the making. As far back as August of 2009, Fox News anticipated that a charge of manslaughter would be imminent, especially since a charge of second degree murder was unlikely to result in a guilty verdict.
Fast forwarding to February 3, 2010, celebrity gossip powerhouse TMZ reported that Michael Jackson doctor Conrad Murray would soon be charged with involuntary manslaughter. It was not until today that ABC News reported on Los Angeles prosecutors who finally formally charged Doctor Conrad Murray with involuntary manslaughter in the death of Michael Jackson.
According to California law, a guilty verdict may carry a prison sentence of two, three or four years. As outlined previously in the article entitled 'Michael Jackson was Murdered, Says LaToya,' the indictment was long-awaited by the family.
What is 'Involuntary Manslaughter?'
According to California Penal Code Section §192(b), manslaughter refers to the "unlawful killing of a human being without malice." The element of the act being involuntary rests on the assumption that the killing takes place "in the commission of an unlawful act, not amounting to felony; or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection."
Not surprisingly, prosecutors assert that Michael Jackson doctor Conrad Murray meets all of the requirements for this charge. This leaves a bit of wiggle room, especially if it turns out that Dr. Murray had indeed obtained the drugs that killed the King of Pop - most notably the anesthetic propofol - in a legal manner.
Can Prosecutors Meet the Burden of Proof?
It is interesting to note that L.A. prosecutors face an uphill battle proving their involuntary manslaughter charge. While they may be able to prove that Michael Jackson Doctor Conrad Murray and his administration of drugs contributed to the death of the singer, they may not be able to prove anything beyond malpractice.
Involuntary manslaughter charges must be proven by using the "reasonable person" test - in this case, "reasonable physician" - and defense attorneys could argue that Dr. Murray was not aware of the risks attached to the drugs. On the flipside -- and in favor of the prosecution -- is the assertion by Dr. Murray (as outlined by CNN) that he attempted to get the singer off the drugs, thereby implying knowledge of the dangers.
There is a good chance that Dr. Murray's financial problems will also make an appearance in the courtroom. As outlined by the Los Angeles Times, Dr. Murray is battling foreclosure, mountain debts and roughly four child support payments.
Of course, even if prosecutors succeed in proving Michael Jackson doctor Conrad Murray guilty of involuntary manslaughter, will it be enough for the family and the fans?
Sources
Fox News, 08-19-09; "Source: Michael Jackson's Doctor to Be Charged With Manslaughter" (accessed February 8, 2010)
TMZ, 02-03-2010; "Dr. Conrad Murray -- Not Charged Today" (accessed February 8, 2010)
ABC News, 02-08-2010; "Michael Jackson's Doctor, Conrad Murray, Charged in Singer's Death" (accessed February 8, 2010)
California Penal Code Section §192; (accessed February 8, 2010)
CNN 02-08-2010; "What is involuntary manslaughter?" (accessed February 8, 2010)
Los Angeles Times, 02-08-2010; "Michael Jackson's doctor was much admired but financially strapped" (accessed February 8, 2010)
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Sylvia Cochran works out of sunny Southern California and has been freelance writing -- full-time -- since 2005. SEO-optimized Internet copy includes news analysis, political Op/Ed and parenting as well as a... View profile
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1 Comments
Post a CommentHe pleads not-guilty (the information that I know of in another writers article) and yet is convected anyway? Funny. Well, my hubby did always say that someone probably killed MJ. He was definitely right. Hey, at least it's not like Marilyn Monroe's death case which took years but we all knew the truth. The American people are more perceptive then the media thinks.