Manslaughter
Criminal Law: Crimes Against the Person: Manslaughter
Introduction to Manslaughter
Manslaughter is sometimes loosely defined as the unlawful killing of another without malice aforethought. It is generally divided into two branches: voluntary manslaughter and involuntary manslaughter. In some jurisdictions, manslaughter, like murder, is divided into degrees so that what one state calls voluntary manslaughter another calls first-degree manslaughter.” (1)
Resources
Notes and References
- Information about Manslaughter in the Encarta Online Encyclopedia
Guide to Manslaughter
In this Section
Crimes Against the Person (including Murder, Manslaughter, Voluntary Manslaughter, Involuntary Manslaughter, Assault and Battery, Forcible and Statutory Rape and Kidnapping)
Introduction to Manslaughter
Manslaughter, in criminal law, the unlawful killing of a person without malicious intent and therefore without premeditation. A typical example of manslaughter is a death resulting from the reckless driving of an automobile. The absence of malice and premeditation distinguishes manslaughter from murder. Statutory definitions of manslaughter vary from state to state and, in sum, include every kind of homicide that, on the one hand, is not murder and, on the other hand, is not justifiable or excusable. In common law, manslaughter was of two kinds, voluntary and involuntary. The former signified an unintentional killing of sudden heat or passion resulting from a provocation that palliated the offense, as when the person killed had grossly insulted, wronged, or quarreled with the slayer. Involuntary manslaughter was an unintentional homicide resulting from the commission of a misdemeanor or from the negligent performance of a lawful act. The distinction between voluntary and involuntary manslaughter is retained in the statutes of a number of states. In other states degrees of manslaughter, corresponding approximately to the common-law distinctions, are recognized. In still other states, further distinctions are made, and as many as four degrees of manslaughter are recognized.” (1)
Resources
Notes and References
- Information about Manslaughter in the Encarta Online Encyclopedia