Involuntary Manslaughter
In order to critically discuss whether the law governing involuntary
manslaughter is in a satisfactory state, I must first look at the
current law, outlining the problems, and then look at proposed
changes.
Involuntary manslaughter –
* This is where death occurs as a result of conduct by the
defendant.
* It has similar AR to murder, but lacks the MR of murder.
* It can include a very wide set of circumstances.
* The maximum sentence is life, but the judge has discretion in
sentencing.
* There are three types of involuntary manslaughter, as well as a
newer area which is emerging. These are;
* Constructive manslaughter (unlawful act manslaughter)
* Gross negligence manslaughter
* Subjective recklessness manslaughter
* And the newer area, corporate manslaughter.
Constructive Manslaughter
This is made up from an unlawful and dangerous act where death is the
consequence, even though death may never have been contemplated by the
defendant.
AR
* The defendants’ unlawful and dangerous act caused the death of
another human being.
MR
* It must be proved that D had the MR for the unlawful act, but it
is not necessary to prove that D foresaw any harm from his act.
An omission is not enough to create unlawful act manslaughter, as
shown in the case of Lowe where the defendant was charged with
neglecting his child. This could be seen as slightly unfair, as an
omission causing death may be just as bad, as or even worse than an
act causing death. For instance, flicking a cigarette in a petrol
station, as it is an unlawful act, littering, and a dangerous act, and
if a death occurred could amount to constructive manslaughter. Neglect
to a child could be seen as more serious than this, but does not
Norris- the plaintiff had worked decedent's farm, worked the soil, and harvested and marketed the produce. Plaintiff, working primarily without the decedent's aid, and drove the produce to various markets. She handled all finances and deposited them in the couple's joint banking account. Finally, the evidence showed that the decedent, an alcoholic, depended almost entirely on plaintiff's work in the produce business and as well her care of him while he was ill.
3. Procedural History: This matter comes before the court on motions of defendants for judgment notwithstanding the verdict, for new trial pursuant to Rule 59 of the Federal Rules of Civil Procedure, and for amended judgment. We have considered defendants' motions collectively and individually and conclude that neither a new trial, judgment notwithstanding the verdict, nor amended judgment is warranted. The evidence supports the jury's verdict.
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Children between 10 and 14 years of age may be found guilty of a crime
...e is not served. Also, the family of the victim must be taken into consideration. The family has suffered greatly and deserves to see justice served.