Manslaughter

Manslaughter: an unlawful killing without malice aforethought.

Voluntary Manslaughter

  • An intentional killing, but mitigated from murder.
  • Classic mitigation: heat of passion + adequate provocation + before cooling time + provocation came from the victim.
  • See Massachusetts v. Hinds, 927 N.E.2d 1009 (Mass. 2010) (provocation must come from the victim).
  • Imperfect self-defense (killing on unreasonable but honest belief in necessity) also reduces murder to voluntary manslaughter in many jurisdictions.

Involuntary Manslaughter

  • An unintentional killing.
  • CL Majority (criminally negligent homicide):
    • ∆ should have known of a substantial and unjustifiable risk.
    • Gross deviation from the standard of care—so gross that public-law punishment is warranted.
  • MPC § 210.3 / § 210.4:
    • Recklessness (manslaughter), OR
    • What would otherwise be murder, but committed under extreme mental or emotional disturbance for which there is reasonable explanation.

Did ∆ KNOW About the Risk? (mens rea ladder)

  • "I know this could kill someone... and I don't care." → Extreme Recklessness / Depraved Heart Murder (Second Degree Murder).
  • "I know there's a risk, but I underestimate it." → Recklessness (MPC manslaughter; few CL jurxs.).
  • "I didn't realize the big risk, but I should have." → Criminal Negligence (involuntary manslaughter).

Compared with Depraved-Heart Murder

  • Both are unintentional.
  • Depraved heart: extreme recklessness, malice imputed.
  • Involuntary manslaughter: criminal negligence OR ordinary recklessness.

Cases: