In the event of homicide, there is criteria that sections voluntary and involuntary manslaughter, and different degrees of murder. When an individual is charged with murder, it is not uncommon, in the right situation, for the charge to be acquitted and replaced with voluntary manslaughter. This was the string of events following up to Kimberly Cunningham’s conviction. Amanda Cunningham and her brother were victims of rape ensued by their uncle, Coy Hundley. In finding out these events took place, Kimberly vowed to protect her loved ones. She purchased a gun and enrolled in shooting lessons. While she claims there was no intention besides protection, she found herself at Hundley’s work location. She confronted him in the parking lot and instead …show more content…
Her sentence was revised as well, reducing the prison time from 4 years, down to 6 months. The judge truly believed that she may have been able to walk away from this with minimal convictions had she not reloaded the gun. It was at this point that members of the jury had to set aside parental empathy and emotions and stay true to the law. There are several lessons to be plucked from this case, however the most bold one informs witnesses that every crime comes with consequences. This stays true whether it be emotional, social or physical. Hundley’s crime resulted in physical consequence, but Cunningham’s quickly became emotional and social. Every 60 seconds, a homicide occurs. Murder is homicide with any prior knowledge or intention of death as the end result. Manslaughter is categorized into either voluntary or involuntary—both a result of recklessness. Kimberly was charged with voluntary manslaughter, which is defined as a provoked homicide. Her actions resemble several others that occur within the population. Nearly 75% of murders in the US are inflicted by firearms. Kimberly is merely on the the thousands. In 2016, over 11,000 of the 15,000 homicides were from …show more content…
However, as aforementioned, she claimed she would not have shot him if he hadn’t begun laughing at her. This indicates that she acted on impulse rather than protecting herself or her family. Her actions contradict her reasoning for having the gun. The other reason is derived from her statement of how she already went through the justice system. From personal experience, it isn’t something to report and wait for a response. It must be a proactive case and individual.
There was justice to be served to a woman who committed a crime, regardless of the intentions she claimed to have. This scenario fits the rubric for second degree murder—a homicide with no prior planning, but possibility of it was acknowledged. Reloading a gun requires the knowledge that the firearm is empty. In the moments leading up to the shooting, Kimberly had every bit of awareness that it would take place. While her actions of obtaining a permit, firearm and shooting lessons were justifiable, the evidence of ammunition beyond the contents of her loaded gun, made it clear of her