梁的"罪"

来源: 2016-02-17 13:02:26 [博客] [旧帖] [给我悄悄话] 本文已被阅读:

根据纽约州刑法第一百二十五条,如果梁杀人有罪的话,适合的罪名只有如下两条:

S125.10 Criminally negligent homicide. 
A  person  is  guilty  of  criminally negligent  homicide  when, with criminal negligence, he causes the death of another person.
Criminally negligent homicide is a class E felony。  

S125.15 Manslaughter in the second degree.
A person is guilty of manslaughter in the second degree when:
1. He recklessly causes the death of another person; or
2.  He commits upon a female an abortional act which causes her death, unless such abortional act is justifiable pursuant to subdivision  three of section 125.05; or
3. He intentionally causes or aids another person to commit suicide.
Manslaughter in the second degree is a class C felony.

梁被起诉和判定有罪的是第125.15条,Class C 重罪(Class A最重)。

要证明梁没有此罪,只要证明没有reckless即可。

显然大陪审团的Jurors认为他reckless!

辩方并没有提及较轻的S125.10 (Class E 重罪)

梁的另一罪名门坎儿低多了,而且是轻罪(最重的)(Class A 轻罪)。

S 195.00  Official misconduct.
 A public servant is guilty of official misconduct when, with intent to I obtain a benefit or deprive another person of a benefit:
  1. He commits an act relating to his office but constituting an
unauthorized exercise of his official functions, knowing that such act
is unauthorized; or
  2. He knowingly refrains from performing a duty which is imposed upon
him by law or is clearly inherent in the nature of his office.
  Official misconduct is a class A misdemeanor.