Involuntary Manslaughter Research Paper

Murder & Manslaughter

Common law and modern state statutes typically divide manslaughter and murder into two different levels of crime. Common law, for instance, separates manslaughter into two separate categories. The first category would be voluntary manslaughter and the second category would be involuntary manslaughter. Manslaughter, alone, is all homicides without justification or excuse. Modern state statues, in the other hand, divide murder into first- and second-degree murder, both of which require the prosecutor to establish intent and malice. Murder, alone, is all homicides that are neither excused nor justified.

Manslaughter, for one thing, is considered a less severe offense than murder because there is no malice aforethought and

is unintentional. Involuntary manslaughter however is less severe than voluntary manslaughter. Voluntary manslaughter requires that an individual kill in a sudden and intense heat of passion in response to adequate provocation.

Heat of passion is usually described as anger but is sufficiently broad to include fear, jealousy, and panic. However it’s a more severe crime because, the defense of sudden heat of passion is unavailable if a reasonable person would have experienced a cooling if blood between the time of the provocation and time of killing. Involuntary manslaughter involves the unintentional killing of another without malice and typically includes negligent manslaughter, the negligent creation of serious injury or death of another. As well as misdemeanor manslaughter, it’s the killing of another during commission of a criminal act that does not amount to a felony. Vehicular manslaughter is also considered involuntary manslaughter when someone is killed as a result from grossly negligent operation of a vehicle or driving under the influence of intoxicants. For example, let’s say that Bob had a tough week and he decided to go out to the club and have some drinks and drove home. He then hits a lady who was crossing the street because Bob missed the red light, since his focus was on not getting on the sidewalk. His mindset was slow because he was

intoxicated, so he couldn’t break fast enough and caused the accident. That day he had no malice or did not think of running someone over that night. It was completing accidental. He was negligent and drove under the influence but this crime would be depicted as involuntary manslaughter because he killed another person without the intent to kill but was acting in a reckless manner. Now, let’s say if that day Bob was having a bad day at work and decided to go out to the club. He went in and saw a guy staring at him which angered him because he thought he was being targeted in some sort of way. He didn’t do anything and ignored the guy. The guy later on sat next to him and when Bob got up he tripped him and Bob fell. By then Bob was building up anger. He got up and shoved the guy while asking him why he had a problem with him. The guy then swung at his face and they started fighting. Bob in sudden heat of passion hit the guy in the face and the guy fell and hit his head. The guy died at impact. Bob would be charged with voluntary manslaughter. Bob was fighting with the guy and they were trying to hurt each other badly and there were adequate provocations that lead him to build up his heat of passion.
First- and second-degree murders are both felonies.

First-degree murder is premeditation and deliberation and murder committed in the perpetration of various dangerous felonies. Some statutes explicitly include the killing of a police officer and murder committed while lying in wait or as a result of torture or poison. An individual who is capable of consciously devising a plan to take the life of another obviously poses a threat to society. Individuals who commit first-degree murder are probably aggressive and lack self-control. For a crime to be specified as a first-degree murder there has to be the death of another person and there has to be an act that is factual and becomes a legal cause of death. It has to be proved that premeditation and the deliberate intent to kill another person was present. Second-degree murder is the killing of a person with malice and without premeditation. This may include a death resulting from intent to cause serious bodily harm and reckless, depraved heart murders. For a crime to be specified as second-degree murder there has to be the causing of death to another person and the intent to kill without premeditation and deliberation or intent to commit underlying felony for felony murder. They have to find proof that there was an intentional act dangerous to the life of another. For instance, Ruby has discovered her husband, Joe, is cheating on her. She goes and buys a box of rat poison. Over the next couple of days, Ruby puts the poison into

her husband’s breakfast, and he dies of internal bleeding. Ruby deliberately thought about, planned, and followed through with murdering her husband. She would be charged with murder in the first-degree. In the other hand, if Ruby, who has a hot temper, argues with her boss, in another scenario. Then the dispute suddenly escalates, and she reaches into her desk drawer, pulls out the handgun she keeps it there, and fires two quick shots into her boss’ chest, killing him. Because Ruby had no intent to kill someone when she came to work that day, nor when she engaged in the argument with his boss, the killing was not premeditated. The act of picking up the gun and shooting another person was intentional, however, so this crime may be charged as second-degree murder.