LateWhiteRabbit wrote:But manslaughter is when your actions unintentionally caused another person's death. That IS more forgivable.
That's involuntary manslaughter. There's also voluntary manslaughter, which is defined by federal law as "the unlawful killing of a human being without malice aforethought upon a sudden quarrel or heat of passion."
The situation Papillon and I describe would be classified as second-degree murder in the U.S. Basically, it can't be proven that the murderer PLANNED to kill the person, but they just took an opportunity when it presented itself.
Yes, I gathered that much. I was just making the point that the media isn't really responsible for something like second-degree murder being considered a lesser crime, because that's how the law works. Bear in mind that "lesser" isn't a synonym for "more permissible."
I would almost argue that it is worse from a character sympathy standpoint to make the character commit second-degree murder. It makes the character look unstable, and also implies more cruelty than first degree murder (to me).
A character's instability doesn't necessarily mean he or she is less sympathetic. It really depends on the circumstances.
One thing to remember is that there are three typical situations that can constitute second-degree murder.
- A killing done impulsively without premeditation, but with malice aforethought
A killing that results from an act intended to cause serious bodily harm
A killing that results from an act that demonstrates the perpetrator's depraved indifference to human life
Often it involves the character standing by and waiting and watching for someone to die while doing nothing, often while the victim is calling or indicating for help, and EXPECTS the other person to help them.
This would probably fall under the third category and is defined in the United States as depraved-indifference murder or "depraved-heart murder," "an action where a defendant acts with a 'depraved indifference" to human life and where such act results in a death. In a depraved-heart murder a defendant commits an act even though they know their act runs an unusually high risk of causing death or serious bodily harm to someone else. If the risk of death or bodily harm is great enough, ignoring it demonstrates a 'depraved indifference' to human life and the resulting death is considered to have been committed with malice aforethought."
A possible additional charge brought would be negligent homicide, the killing of another person through gross negligence or without malice.
At least with first-degree murder, the murderer has a reason to kill someone that is strong enough (rather vindicated or not) to make a plan and act on it. Meanwhile, with a second-degree murder, the murderer has decided on the spur of the moment to kill (or let someone die).
Character sympathy involves some measure of trust between the audience and the character. I don't know about you, but I'd feel better hanging around someone who PLANNED their murders, rather than someone who randomly decides to kill at the spur of the moment.
I don't think a crime of passion, say, is somehow more or less cruel or trust-shattering than premeditated murder. That's not what constitutes the difference between degrees of murder or manslaughter. It comes back to
mens rea.
That being said, I believe it's entirely possible to write sympathetic characters committing crimes of this nature; the crimes in question don't necessarily have to constitute all of who a given character is. Now, I'm not saying an angst-ridden backstory is needed---we should just bear in mind that the character doing X is still a human being. It doesn't mean that character has to be forgiven by others, or even by the reader (obviously that's up to the audience), but he or she is still capable of suffering as other humans do.