State Vs. Sitting Crow Case

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Through reading chapter seven of the textbook, in addition to the State v. Sitting Crow Case, I learned an immense amount of information relating to the different types of homicide. The first question on this discussion board asks what the difference between murder and manslaughter is. As defined in the textbook and in our lecture video, murder is the unlawful killing of an individual with malice. When we examine this definition, we can break it down into several parts. The first part of this definition is “unlawful killing.” This means that the killing was not used as a form of self-defense, defense of others, defense of home, or the police use of deadly force. The second point in this definition is “malice aforethought,” which typically means …show more content…
Sitting Crow, the court breaks down their definitions of manslaughter in the first degree and second-degree manslaughter. Since Sitting Crow was ultimately charged with second-degree manslaughter, I will focus on that. The court defines second-degree manslaughter as “Any reckless killing of one human being by the act or procurement of another which, under the provisions of this chapter, is neither murder nor manslaughter in the first-degree, nor excusable nor justifiable homicide.” The second question asks if there was sufficient evidence for Sitting Crow to be found guilty of second-degree manslaughter. I do believe that the court had enough evidence to charge Sitting Crow with second-degree manslaughter. The case explains that Sitting Crow did not use a weapon to perform the killing. The other man in this case, Jaques, did however use a weapon in the form of a club-like stick. Second, it can be derived that Sitting Crow had no intention of killing Gray. If I were in Sitting Crow’s position and got randomly struck by a man in my own home, I would have a similar initial reaction to Sitting Crow. Sitting Crow was likely in this “heat of passion” state where he used his fight or flight instincts to handle his