An overview of manslaughter, examples and defenses
The phrase "involuntary manslaughter" makes many imagine a person who died in a car accident. But manslaughter generally refers to any unintentional killing caused by criminal overt or negligence. Criminal negligence is normally triggered when someone has a duty to the victim and fails to defend her, causing harm or death.
Generally, three conditions must be met for someone to be found guilty of manslaughter:
- An act of the defendant due to death;
- The act was committed with disregard for human life or was inherently dangerous; and
- The perpetrator knew or should have known that the act endangered human life.
Keep in mind that the acts do not need to be illegal to result in manslaughter. Legal acts, such as administering medical care, can lead to manslaughter charges if done recklessly and cause death. Some states also have laws that provide that a death that is caused during the commission of a low-level crime, such as felony robbery, is also grounds for manslaughter charges.
Manslaughter vs. Murder and Other Charges
The biggest difference between manslaughter and other charges is the intent. For a homicide to be murder, for example, the defendant must have had a specific desire to cause death or intent to kill. For manslaughter, the defendant must only have committed an act without regard to the lives of others.
The difference between voluntary and involuntary manslaughter also comes down to intent. With voluntary manslaughter, the killing is intentional. Generally, it is the result of a provocation. The intention is only present at the actual moment of the murder.
Involuntary manslaughter, on the other hand, does not involve the intent to kill at any time.
Examples of manslaughter
Since manslaughter can occur alongside legal and illegal acts, there are numerous examples of this crime. One of the most common involves driving under the influence of substances. A person sitting behind the wheel while under the influence of drugs or alcohol probably does not have the intent to kill someone. However, most people know or should know that drunk driving poses a serious danger to others. Driving under the influence of these substances can still be seen as a disregard for human life. Manslaughter may also be a suitable charge in other driving situations, such as illegal street racing or reckless driving.
Other types of irresponsible behavior can also result in manslaughter charges. Consider the reckless discharge of a firearm. Suppose a person recklessly fires a gun into a crowded space, for example. You don't necessarily want to kill a specific person, but if the firearm causes death, you can be charged with manslaughter.
Physical altercations can also often lead to manslaughter charges. If two people are involved in a physical fight, one person can fall and hit their head or be fatally injured. While the act of shoving was intentional, the murder itself was not.
Defenses Against Manslaughter Charges
If a person is charged with manslaughter, they should hire a criminal defense attorney. A lawyer can present a defense against the charges. Some possible defenses to manslaughter include:
- the act was accidental
- Did not involve a criminal or gross level of negligence
- The act was committed in self-defense
- The person was wrongly arrested
A criminal defense lawyer could also argue whether or not law enforcement officers followed all necessary procedures in making the arrest or argue that the prosecution does not have enough evidence for a conviction.
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