Manslaughter is the criminally reckless cause of

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Manslaughter is the criminally reckless cause of another’s death and is a second degree felony. Aggravated Murder is the most severe charge and is the same as murder but also includes one of the following: commits the murder while attempting, committing or fleeing the commission of certain crimes (Luftman, Heck, & Associates, 2017). The robbery described in the scenario would be such a crime to warrant an Aggravated Murder Charge as defined under Title 76: Part 2, Chapter 5; Section 202. Homicide by assault would not be appropriate as this third degree felony charge is for criminal homicide that does not include circumstances that factor in murder, aggravated murder, or manslaughter charges. The most appropriate charge to recommend first for both suspects is Aggravated Murder, first degree
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felony. This charge would apply to both suspects since the Utah Code includes the person who actually commits the crime as well as any person who aids that person in its definition of criminal responsibility. The Utah Code does not draw a difference between the two suspects in this regard. The second suspect may theoretically receive different charges during the criminal phase due to the information he provided during his interrogation against the first suspect or due to other mitigating factors. There are three potential sentencing outcomes for a conviction of Aggravated Murder. First, capital murder cases are charged under Aggravated Murder. If the prosecutor intends to try the case as a capital case, they must file a notice of intent to see the death penalty. If the case is not to be tried as a death penalty case, then it is a first degree noncapital case that falls under the sentencing guidelines of Section 76-3-207.7 which recommends life in prison without parole or a minimum of 25 years to life in prison (Utah State Legislature, n.d).
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  • Spring '16
  • criminal law, assault

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