Manslaughter - Involuntary - Revision history

Durankar: /* Model Penal Code */

2011-01-31T11:39:22Z

Model Penal Code

← Older revision		Revision as of 13:39, 31 January 2011
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	==Model Penal Code==		==Model Penal Code==

	The Model Penal Code defines involuntary manslaughter when an individual commits criminal homicide in a reckless manner.<ref>Model Penal Code, § 210.3 (2001).</ref> 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."<ref>Model Penal Code, § 210.1 (2001).</ref> 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.<ref>Model Penal Code, § 210.4 (2001)</ref>		The Model Penal Code defines involuntary manslaughter when an individual commits criminal homicide in a reckless manner.<ref>Model Penal Code, § 210.3 (2001).</ref> 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."<ref>Model Penal Code, § 210.1 (2001).</ref> 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.<ref>Model Penal Code, § 210.4 (2001).</ref>

	==Variation by Jurisdiction==		==Variation by Jurisdiction==

Durankar: /* Foreign Jurisdictions */

2011-01-31T11:27:08Z

Foreign Jurisdictions

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	*Section 213 - Less Serious Case of Manslaughter		*Section 213 - Less Serious Case of Manslaughter
	**If the person committing manslaughter was provoked to rage by maltreatment inflicted on him or a relative or a serious insult by the person killed and was thereby immediately torn to commit the act, or in the event of an otherwise less serious case, the punishment shall be imprisonment from one year to ten years.<ref>[http://www.iuscomp.org/gla/statutes/StGB.htm#212\|German Criminal Code, sections 212 & 213]</ref>		**If the person committing manslaughter was provoked to rage by maltreatment inflicted on him or a relative or a serious insult by the person killed and was thereby immediately torn to commit the act, or in the event of an otherwise less serious case, the punishment shall be imprisonment from one year to ten years.<ref>[http://www.iuscomp.org/gla/statutes/StGB.htm#212\| German Criminal Code, sections 212 & 213]</ref>

	'''Kenya'''		'''Kenya'''

Durankar: /* Foreign Jurisdictions */

2011-01-31T11:26:28Z

Foreign Jurisdictions

← Older revision		Revision as of 13:26, 31 January 2011
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	*Section 213 - Less Serious Case of Manslaughter		*Section 213 - Less Serious Case of Manslaughter
	**If the person committing manslaughter was provoked to rage by maltreatment inflicted on him or a relative or a serious insult by the person killed and was thereby immediately torn to commit the act, or in the event of an otherwise less serious case, the punishment shall be imprisonment from one year to ten years.<ref>[[http://www.iuscomp.org/gla/statutes/StGB.htm#212\|German Criminal Code, sections 212 & 213]]</ref>		**If the person committing manslaughter was provoked to rage by maltreatment inflicted on him or a relative or a serious insult by the person killed and was thereby immediately torn to commit the act, or in the event of an otherwise less serious case, the punishment shall be imprisonment from one year to ten years.<ref>[http://www.iuscomp.org/gla/statutes/StGB.htm#212\|German Criminal Code, sections 212 & 213]</ref>

	'''Kenya'''		'''Kenya'''

Durankar: /* Foreign Jurisdictions */

2011-01-31T11:25:44Z

Foreign Jurisdictions

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	'''Kenya'''		'''Kenya'''

	Rather than separating manslaughter into voluntary and involuntary crimes, the Kenyan Penal Code section 202 addresses the general crime of manslaughter. The Code defines manslaughter as an unlawful act or omission that causes the death of another. An unlawful omission is "an omission amounting to culpable negligence to discharge a duty tending to the preservation of life or health, whether such omission is or is not accompanied by an intention to cause death or bodily harm."<ref>[[Media: Kenya Penal Code.pdf]]</ref> Manslaughter is punishable by life imprisonment.		Rather than separating manslaughter into voluntary and involuntary crimes, the Kenyan Penal Code section 202 addresses the general crime of manslaughter. The Code defines manslaughter as an unlawful act or omission that causes the death of another. An unlawful omission is "an omission amounting to culpable negligence to discharge a duty tending to the preservation of life or health, whether such omission is or is not accompanied by an intention to cause death or bodily harm."<ref>[[Media: Kenya Penal Code.pdf\|Kenya Penal Code]]</ref> Manslaughter is punishable by life imprisonment.

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Durankar at 11:22, 31 January 2011

2011-01-31T11:22:22Z

← Older revision		Revision as of 13:22, 31 January 2011
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	'''Kenya'''		'''Kenya'''

	Rather than separating manslaughter into voluntary and involuntary crimes, the Kenyan Penal Code section 202 addresses the general crime of manslaughter. The Code defines manslaughter as an unlawful act or omission that causes the death of another. An unlawful omission is "an omission amounting to culpable negligence to discharge a duty tending to the preservation of life or health, whether such omission is or is not accompanied by an intention to cause death or bodily harm."<ref>[[Media: Kenya Penal Code.pdf</ref> Manslaughter is punishable by life imprisonment.		Rather than separating manslaughter into voluntary and involuntary crimes, the Kenyan Penal Code section 202 addresses the general crime of manslaughter. The Code defines manslaughter as an unlawful act or omission that causes the death of another. An unlawful omission is "an omission amounting to culpable negligence to discharge a duty tending to the preservation of life or health, whether such omission is or is not accompanied by an intention to cause death or bodily harm."<ref>[[Media: Kenya Penal Code.pdf]]</ref> Manslaughter is punishable by life imprisonment.

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Durankar at 11:21, 31 January 2011

2011-01-31T11:21:35Z

← Older revision		Revision as of 13:21, 31 January 2011
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	==Background==		==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\|felony murder]] rule.<ref>Black's Law Dictionary, 9th Edition (2009)</ref> The minimum level of culpability is generally criminal negligence; civil negligence or carelessness is insufficient to prove manslaughter.<ref>Homicide, American Jurisprudence, Second Edition (2010)</ref> 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]].		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\|felony murder]] rule.<ref>Black's Law Dictionary, 9th Edition (2009).</ref> The minimum level of culpability is generally criminal negligence; civil negligence or carelessness is insufficient to prove manslaughter.<ref>Homicide, American Jurisprudence, Second Edition (2010).</ref> 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==		==Model Penal Code==

	The Model Penal Code defines involuntary manslaughter when an individual commits criminal homicide in a reckless manner.<ref>Model Penal Code, § 210.3 (2001)</ref> 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."<ref>Model Penal Code, § 210.1 (2001)</ref> 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.<ref>Model Penal Code, § 210.4 (2001)</ref>		The Model Penal Code defines involuntary manslaughter when an individual commits criminal homicide in a reckless manner.<ref>Model Penal Code, § 210.3 (2001).</ref> 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."<ref>Model Penal Code, § 210.1 (2001).</ref> 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.<ref>Model Penal Code, § 210.4 (2001)</ref>

	==Variation by Jurisdiction==		==Variation by Jurisdiction==
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	'''Georgia'''		'''Georgia'''

	In Georgia, under section 16-5-3 of the Criminal Code, a person commits involuntary manslaughter when "he causes the death of another human being without any intention to do so by the commission of an unlawful act other than a felony."<ref>Georgia Criminal Code, Chapter 5, Article 1, § 16-5-3(a) (2010)</ref> This offense is punishable by imprisonment from one to ten years. A person can also commit involuntary manslaughter by committing an lawful act in an unlawful manner that is likely to cause death or great bodily harm.<ref>Georgia Criminal Code, Chapter 5, Article 1, § 16-5-3(a) (2010)</ref> This charge is categorized and punishable as a misdemeanor.		In Georgia, under section 16-5-3 of the Criminal Code, a person commits involuntary manslaughter when "he causes the death of another human being without any intention to do so by the commission of an unlawful act other than a felony."<ref>Georgia Criminal Code, Chapter 5, Article 1, § 16-5-3(a) (2010).</ref> This offense is punishable by imprisonment from one to ten years. A person can also commit involuntary manslaughter by committing an lawful act in an unlawful manner that is likely to cause death or great bodily harm.<ref>Georgia Criminal Code, Chapter 5, Article 1, § 16-5-3(a) (2010).</ref> This charge is categorized and punishable as a misdemeanor.

	'''New York'''		'''New York'''

	New York's Penal Code does not address involuntary manslaughter specifically. Rather, it divides manslaughter into two categories: first degree and second degree. Involuntary manslaughter is covered by the the categorization of manslaughter in the second degree, section 125.15. Under this section, a person is guilty of manslaughter in the second degree when he recklessly causes the death of another.<ref>New York Penal Code, Title H, §125.15 (2009)</ref> Second degree manslaughter is a class C felony.		New York's Penal Code does not address involuntary manslaughter specifically. Rather, it divides manslaughter into two categories: first degree and second degree. Involuntary manslaughter is covered by the the categorization of manslaughter in the second degree, section 125.15. Under this section, a person is guilty of manslaughter in the second degree when he recklessly causes the death of another.<ref>New York Penal Code, Title H, §125.15 (2009).</ref> Second degree manslaughter is a class C felony.

	==Common Defenses==		==Common Defenses==
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	*Section 213 - Less Serious Case of Manslaughter		*Section 213 - Less Serious Case of Manslaughter
	**If the person committing manslaughter was provoked to rage by maltreatment inflicted on him or a relative or a serious insult by the person killed and was thereby immediately torn to commit the act, or in the event of an otherwise less serious case, the punishment shall be imprisonment from one year to ten years.<ref>http://www.iuscomp.org/gla/statutes/StGB.htm#212</ref>		**If the person committing manslaughter was provoked to rage by maltreatment inflicted on him or a relative or a serious insult by the person killed and was thereby immediately torn to commit the act, or in the event of an otherwise less serious case, the punishment shall be imprisonment from one year to ten years.<ref>[[http://www.iuscomp.org/gla/statutes/StGB.htm#212\|German Criminal Code, sections 212 & 213]]</ref>

	'''Kenya'''		'''Kenya'''

	Rather than separating manslaughter into voluntary and involuntary crimes, the Kenyan Penal Code section 202 addresses the general crime of manslaughter. The Code defines manslaughter as an unlawful act or omission that causes the death of another. An unlawful omission is "an omission amounting to culpable negligence to discharge a duty tending to the preservation of life or health, whether such omission is or is not accompanied by an intention to cause death or bodily harm."<ref>~~http~~:~~//www.kenyalaw.org/Downloads/Acts/~~Penal~~%20Code%20Cap%2063(%202009Final%20Final)~~.pdf</ref> Manslaughter is punishable by life imprisonment.		Rather than separating manslaughter into voluntary and involuntary crimes, the Kenyan Penal Code section 202 addresses the general crime of manslaughter. The Code defines manslaughter as an unlawful act or omission that causes the death of another. An unlawful omission is "an omission amounting to culpable negligence to discharge a duty tending to the preservation of life or health, whether such omission is or is not accompanied by an intention to cause death or bodily harm."<ref>[[Media: Kenya Penal Code.pdf</ref> Manslaughter is punishable by life imprisonment.

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Durankar: /* Foreign Jurisdictions */

2011-01-31T11:10:31Z

Foreign Jurisdictions

← Older revision		Revision as of 13:10, 31 January 2011
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	In the German Criminal Code, sections 212 & 213 address the concept of manslaughter:		In the German Criminal Code, sections 212 & 213 address the concept of manslaughter:

	*Section 212- Manslaughter		*Section 212 - Manslaughter
	**(1) Whoever kills a human being without being a murderer, shall be punished for manslaughter with imprisonment for not less than five years.		**(1) Whoever kills a human being without being a murderer, shall be punished for manslaughter with imprisonment for not less than five years.
	** (2) In especially serious cases imprisonment for life shall be imposed.		** (2) In especially serious cases imprisonment for life shall be imposed.

	*Section 213- Less Serious Case of Manslaughter		*Section 213 - Less Serious Case of Manslaughter
	**If the person committing manslaughter was provoked to rage by maltreatment inflicted on him or a relative or a serious insult by the person killed and was thereby immediately torn to commit the act, or in the event of an otherwise less serious case, the punishment shall be imprisonment from one year to ten years.<ref>http://www.iuscomp.org/gla/statutes/StGB.htm#212</ref>		**If the person committing manslaughter was provoked to rage by maltreatment inflicted on him or a relative or a serious insult by the person killed and was thereby immediately torn to commit the act, or in the event of an otherwise less serious case, the punishment shall be imprisonment from one year to ten years.<ref>http://www.iuscomp.org/gla/statutes/StGB.htm#212</ref>

Durankar: /* Foreign Jurisdictions */

2011-01-31T08:27:53Z

Foreign Jurisdictions

← Older revision		Revision as of 10:27, 31 January 2011
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	*Section 212- Manslaughter		*Section 212- Manslaughter

	**(1) Whoever kills a human being without being a murderer, shall be punished for manslaughter with imprisonment for not less than five years.		**(1) Whoever kills a human being without being a murderer, shall be punished for manslaughter with imprisonment for not less than five years.
			** (2) In especially serious cases imprisonment for life shall be imposed.
	**(2) In especially serious cases imprisonment for life shall be imposed.

	*Section 213- Less Serious Case of Manslaughter		*Section 213- Less Serious Case of Manslaughter

	**If the person committing manslaughter was provoked to rage by maltreatment inflicted on him or a relative or a serious insult by the person killed and was thereby immediately torn to commit the act, or in the event of an otherwise less serious case, the punishment shall be imprisonment from one year to ten years.<ref>http://www.iuscomp.org/gla/statutes/StGB.htm#212</ref>		**If the person committing manslaughter was provoked to rage by maltreatment inflicted on him or a relative or a serious insult by the person killed and was thereby immediately torn to commit the act, or in the event of an otherwise less serious case, the punishment shall be imprisonment from one year to ten years.<ref>http://www.iuscomp.org/gla/statutes/StGB.htm#212</ref>

Durankar: /* Background */

2011-01-31T07:58:15Z

Background

← Older revision		Revision as of 09:58, 31 January 2011
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	==Background==		==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.<ref>Black's Law Dictionary, 9th Edition (2009)</ref> The minimum level of culpability is generally criminal negligence; civil negligence or carelessness is insufficient to prove manslaughter.<ref>Homicide, American Jurisprudence, Second Edition (2010)</ref> 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]].		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\|felony murder]] rule.<ref>Black's Law Dictionary, 9th Edition (2009)</ref> The minimum level of culpability is generally criminal negligence; civil negligence or carelessness is insufficient to prove manslaughter.<ref>Homicide, American Jurisprudence, Second Edition (2010)</ref> 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==		==Model Penal Code==

Nsun2010: /* Foreign Jurisdictions */

2011-01-29T02:56:28Z

Foreign Jurisdictions

← Older revision		Revision as of 04:56, 29 January 2011
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	Rather than separating manslaughter into voluntary and involuntary crimes, the Kenyan Penal Code section 202 addresses the general crime of manslaughter. The Code defines manslaughter as an unlawful act or omission that causes the death of another. An unlawful omission is "an omission amounting to culpable negligence to discharge a duty tending to the preservation of life or health, whether such omission is or is not accompanied by an intention to cause death or bodily harm."<ref>http://www.kenyalaw.org/Downloads/Acts/Penal%20Code%20Cap%2063(%202009Final%20Final).pdf</ref> Manslaughter is punishable by life imprisonment.		Rather than separating manslaughter into voluntary and involuntary crimes, the Kenyan Penal Code section 202 addresses the general crime of manslaughter. The Code defines manslaughter as an unlawful act or omission that causes the death of another. An unlawful omission is "an omission amounting to culpable negligence to discharge a duty tending to the preservation of life or health, whether such omission is or is not accompanied by an intention to cause death or bodily harm."<ref>http://www.kenyalaw.org/Downloads/Acts/Penal%20Code%20Cap%2063(%202009Final%20Final).pdf</ref> Manslaughter is punishable by life imprisonment.

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	See [[Crimes]]		See [[Crimes]]

	<references>		<references>