[KevinB]

There are two kinds of intent, specific and general. Specific intent mean that the defendant intended to cause the death and, if proven, would result in a first degree murder charge. General intent means that the person did not intend to cause the death, but acted in such blatant regard for human life that loss of life was likely. This could result in a second degree murder charge or manslaughter charge depending on the circumstances.

I am sure no one arguing in this thread that second degree murder is not an appropriate charge is actually a lawyer. (I am a lawyer.)

Here is a link to a good discussion of the issue:

Murder in the Second Degree

[HiTech RedNeck]

And again the weasel words, the free floating qualitative words.

Here’s maybe where the defense could bring experts to vouch for psychological and consequent health benefit to those who didn’t die. It’s not like this is some neutral entity like an escalator.

“First, let’s kill all the lawyers.”—Shakespeare

[Mariner]

From Kevin B’s link:

“When an individual commits an act of gross recklessness for which he must reasonably anticipate that death to another is likely to result, he exhibits that ‘wickedness of disposition; hardness of heart; cruelty; recklessness of consequences and a mind regardless of social duty’ which proved that there was at that time in him ‘that state or frame of mind termed malice’. “

Now, try to make the case that the designer of the slide, or the operator/owner for that matter, committed second degree murder.

[1L]

>>General intent means that the person did not intend to cause the death, but acted in such blatant regard for human life that loss of life was likely. This could result in a second degree murder charge or manslaughter charge depending on the circumstances.

This depends on state statutes and really doesn’t deal with the issues here. There still must be a mens rea. You must still intend to inflict SOME harm to someone and likely some level of the person non-consensual. Serious horsing around, for example, is going to be, at worst, manslaughter. Say I come over to your place one night to “teach you a lesson.” I burn your detached garage down not knowing you are in there. I didn’t intend specifically as you said to kill you, but I did something that I should have know would kill someone if I didn’t check to see if anyone was in there. THAT is second degree murder.