Manslaughter - Involuntary

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Background

Manslaughter is defined as the unlawful killing of a human being without malice aforethought. Involuntary manslaughter is homicide in which there is no intention to kill or do grievous bodily harm, but that is committed with criminal negligence or during the commission of a crime not included within the Felony Murder rule.[1] Involuntary manslaughter is sometimes referred to as negligent or second degree manslaughter. The term "involuntary manslaughter" is sometimes referred to as a catch-all phrase, meaning that every unintentional killing of a person is involuntary manslaughter if it is not murder or voluntary manslaughter.

Model Penal Code

The Model Penal Code defines involuntary manslaughter when an individual commits criminal homicide in a reckless manner.[2] Criminal homicide is a broad concept: the Code states that an individual commits criminal homicide when a person "purposely, knowingly, recklessly or negligently causes the death of another human being."[3] Manslaughter is a third degree felony. The Model Penal Code also has a separate article for negligent homicide, which is homicide committed when the perpetrator has a negligent mens rea.[4]

Variation by Jurisdiction

Common Defenses

For many types of homicide, the affirmative defenses of self defense and defense of others may be applicable to the case.


See Crimes

<references>

  1. Black's Law Dictionary, 9th Edition (2009)
  2. Model Penal Code, § 210.3 (2001)
  3. Model Penal Code, § 210.1 (2001)
  4. Model Penal Code, § 210.4 (2001)