A prosecutor in Minnesota has decided to charge a woman who apparently shot her boyfriend at his urging as part of a stupid youtube trick with a gun. Apparently he showed her a book that he’d shot previously and failed to penetrate to convince her to shoot a book he held in front of him while they filmed it. This is obviously tragic but in choosing to prosecute this woman prosecutors seem to have totally forgotten their job is to pursue justice not rack up convictions.
Might this meet the legal standard for manslaughter? Sure. Is anything achieved by prosecuting this woman other than ruining her life and that of her boyfriend’s child and soon to be born child? It is just cruel to further harm the deceased by hurting his family when there is no need. I have serious issues with the arbitrary power prosecutorial discretion provides but its cases like this which prosecutorial discretion exists for.
Usually we prosecute (2nd degree) manslaughter to deter people from engaging in behavior that unreasonably risks harm to others but in cases like this there is obviously no possibility of deterrence. Had she the presence of mind to realize the danger and weigh the risk of a manslaughter conviction she would have been deterred by the risk of killing her boyfriend. Even from a retributive point of view she lacked the kind of malicious intent that those who believe in this sort of thing usually want to punish and simply living with the consequences in this case is surely pretty awful1.
I hope the prosecutors offers a generous plea deal but that makes even less sense! If you agree she doesn’t deserve substantial prison time here why burden her with a criminal conviction? If its about symbolism (which is a bad reason to prosecute anyone) a slap on the wrist does insult the value of the victim’s life in a way that prosecutorial discretion doesn’t as it means you are holding the accused responsible for her boyfriend’s death but apparently don’t think that is worth very much.
I know that prosecutors have a long track record (browse Mimesis law/Fault Lines) of cruel prosecutions but I can almost imagine they really believe fighting the drug war means they need to convict the girlfriend who once drove a few grams of coke across town as a favor with conspiracy charges for all the crimes his gang committed. However, nothing but sheer numbneess to the suffering of the accused seems like it could explain this.
- In the unlikely case the prosecutor suspects the accused of having malicious intent and manipulating events to lead to her boyfriend’s death than he should charge her with murder only and let the jury decide. Again, if justice is the goal and, assuming things happened as she claims, she shouldn’t be tried then she should get the same presumption of innocence with regard to any suggestion it was murder that we believe accused criminals deserve. Just because the prosecutor has the legal power to circumvent the presumption of innocence standard with regard to a (surely fictional) suspicion of murder doesn’t mean it is right. ↩