Question

The case: Sixteen-year-old Terry was in a bedroom at his family's home with his younger brother when he pulled a handgun from underneath the mattress. Terry was allegedly pointing the gun at his brother when it fired. The bullet struck his brother, killing him. Terry had gotten the .380-caliber semi-automatic handgun by trading a 9mm Glock he had stolen from his father. The police say they believe the shooting was not intentional.​

Answer 1

you can only be charged with first degree murder if you intentionally killed someone, and because it wasn’t intentional, he can only be charged with second degree murder. the crime would be for murder obviously but accidental murder

Answer 2

Answer: Involuntary Manslaughter

Explanation:

It is believed that Terry did not intentionally commit a crime. Intent would have resulted in a murder case. Murder, whether or not it is premeditated or unpremeditated, is intentional. The difference with manslaughter is that: voluntary manslaughter, while requiring intent, also involves a circumstance in which a reasonable person becomes emotionally disturbed and fueled by passion or impulse rather than judgement. Involuntary manslaughter is the unintentional killing that results from criminal negligence or recklessness. (no intent or heat of passion).

Elements of crime committed:

Actus Reus and the element of harm come into play with Terry's case. Because there wasn't causation for his brother's death, the intent element isn't present. Terry has no guilty state of mind.