Involuntary Manslaughter
According to the case facts description, under the verbal agreement Pestinikas and his wife were obliged to provide the victim with medicine, food, and other necessary goods. The failure to carry out this obligation caused death of the 92-year-old man, and this can be proved by the state, because the man died of exposure and malnutrition. Assuming that this case took place in Maryland, 2015 Maryland Code should be applied.
Under the provisions of Maryland criminal law, the criminal charges for unintentional manslaughter can be brought against Pestinikas. A person who is convicted in commitment of manslaughter would be found guilty of a felony and would be subject to an imprisonment for not more than 10-years term, or imprisonment in a local jail for not more than 2 years term and/or a fine not exceeding $500. The involuntary manslaughter may be defined as an accidental death caused by the person’s criminal negligence or criminal recklessness. Although there is a criminal code in Maryland, it does not define manslaughter clearly. In Maryland manslaughter is defined mostly by a common law, and depending on the person’s intent, it can be both involuntary and voluntary. In general, under the Maryland common law, involuntary manslaughter is the unintentional killing of some person while committing a negligent or unlawful act, or by negligent failure of performing a legal duty.
In sum, Pestinikas had failed to perform their legal duty under the verbal agreement, and subsequently committed an involuntary manslaughter, since the elderly 92-years man died of exposure and malnutrition. Under the Maryland Criminal Code they can be charged with up to 10 years of imprisonment and/or a fine for not more than $500.
Bibliography
MD Criminal Law Code § 2-207, 2015. Accessed 10 Dec. 2016. Available from: http://law.justia.com/codes/maryland/2015/article-gcr/title-2/subtitle-2/section-2-207/.
Thomson Reuters, Maryland Involuntary Manslaughter Law, 2016. Accessed 10 Dec. 2016. Available from: …
