Manslaughter
Encyclopedia
Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable
than murder
. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.
The law generally differentiates between levels of criminal culpability based on the mens rea
, or state of mind. This is particularly true within the law of homicide
, where murder requires either the intent to kill – a state of mind called malice
, or malice aforethought
– or the knowledge that one's actions are likely to result in death; manslaughter, on the other hand, requires a lack of any prior intention to kill or create a deadly situation.
Manslaughter is usually broken down into two distinct categories: voluntary manslaughter and involuntary manslaughter.
occurs either when the defendant kills with malice aforethought (intention to kill or cause serious harm), but there are mitigating circumstances which reduce culpability, or when the defendant kills only with an intent to cause serious bodily harm. Voluntary manslaughter in some jurisdictions is a lesser included offense
of murder. The traditional mitigating factor was provocation
; however, others have been added in various jurisdictions.
The following are some examples of defenses which may be raised to mitigate murder to voluntary manslaughter:
sets out three partial defences that reduce murder to voluntary manslaughter: diminished responsibility, provocation and suicide pact. Sections 52-56 of The Coroners and Justice Act 2009
will amend, and update, the partial defences of diminished responsibility and provocation (which will be renamed 'loss of control'), however, these provisions are not yet in force and no date has been set for them to become so.
. Under s 2 Homicide Act 1957
there are three requirements for the defendant to raise the defence of diminished responsibility
:
Under s2(2) of the Act it is for the defendant to prove he suffered from such a condition on the balance of probabilities.
. There are two limbs to the defence, first the defendant must have actually been provoked, and second the provocation must be such as would have made the reasonable man act as the defendant did.
Provocation can come from someone other than the victim and be aimed at someone other than the accused. Further the defense is not defeated by the fact that the defendant induced the provocation.
introduced the defence of suicide pact in England and Wales. Parliament's intention was to show some compassion for those who had been involved in a suicide pact but failed to die. S4(3) defines a suicide pact as ‘a common agreement between two or more persons having for its object the death of all of them, whether or not each is to take his own life’. The accused must have had a "settled intention of dying in pursuance of the pact" to avoid his entering into a supposed pact with the real intention of committing murder.
. This offense was created by statute in some countries during the 20th century. Generally, a conviction of infanticide will be made where the court is satisfied that a mother killed her newborn child while the balance of her mind was disturbed as a result of childbirth; for instance, in cases of post-natal depression. It is a form of manslaughter, and carries the same range of sentences as a manslaughter conviction. While infanticide is a separate offense from murder, and not a reductive defense to murder (such as the defenses listed below), in practice it works in much the same way as a reductive defense.
For example, a person who runs a red light in their vehicle and hits someone crossing the street could be found to intend or be reckless as to assault or criminal damage (see DPP v Newbury). There is no intent to kill, and a resulting death would not be considered murder, but would be considered involuntary manslaughter. The accused's responsibility for causing death is constructed from the fault in committing what might have been a minor criminal act.
, and covers a person who causes the death of another while committing a misdemeanor
that is, a violation of law which doesn't rise to the level of a felony. This may automatically lead to a conviction for the homicide, if the misdemeanor involved a law designed to protect human life. Many violations of safety laws are infractions, which means a person can be convicted regardless of mens rea
.
.
There are three requirements for constructive manslaughter:
, gross negligence
manslaughter in England and Wales
. In Scotland
and some Commonwealth of Nations
jurisdictions the offence of culpable homicide
might apply.
It occurs where death results from serious negligence
, or, in some jurisdictions, serious recklessness. A high degree of negligence is required to warrant criminal liability. A related concept is that of willful blindness
, which is where a defendant intentionally puts himself in a position where he will be unaware of facts which would render him liable.
Criminally negligent manslaughter occurs where there is an omission to act when there is a duty to do so, or a failure to perform a duty owed, which leads to a death. The existence of the duty is essential because the law does not impose criminal liability for a failure to act unless a specific duty is owed to the victim. It is most common in the case of professionals who are grossly negligent in the course of their employment. An example is where a doctor fails to notice a patient's oxygen supply has disconnected and the patient dies (R v Adomako).
, if a person is so reckless as to "manifest extreme indifference to human life", the defendant may be guilty of aggravated assault as well as of involuntary manslaughter.
In many jurisdictions such as California
, malice may be found if gross negligence amounts to willful or depraved indifference to human life. In such a case, the wrongdoer may be guilty of second degree murder.
affirmed R v Bateman, and set out the five elements required for negligence:
It is for the jury to decide what constitutes 'grossly negligent behaviour'.
of intoxicating substances
(determined by excessive blood alcohol content
levels set by individual U.S. states), although an independent infraction (such as driving with a suspended driver's license
), or negligence, is usually also required.
In Wisconsin, a person who causes death with any type of motor vehicle while legally intoxicated may be liable and charged with homicide by intoxicated use of a motor vehicle. Culpability lies with the perpetrator. In 2003 the maximum prison term for conviction on that charge was reduced from 40 years to 15 years imprisonment. The length of sentence is now equivalent to a charge and conviction in Wisconsin of second-degree reckless homicide. In Wisconsin, as in most states, vehicular homicide occurs when the act is not perpetrated during a felony, because driving while under the influence is not a felony.
In some U.S. states, such as Texas
, intoxication manslaughter is a distinctly defined offence. A person commits intoxication manslaughter if he, or she, operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride while intoxicated and, by reason of that intoxication, causes the death of another by accident or mistake.
Intoxication manslaughter, vehicular manslaughter and other similar offences require a lesser mens rea
than other manslaughter offences. Furthermore, the fact that the defendant is entitled to use the alcohol, controlled substance, drug, dangerous drug, or other substance, is no defence. For example, in Texas, to prove intoxication manslaughter, it is not necessary to prove the person was negligent in causing the death of another, nor that they unlawfully used the substance that intoxicated them, but only that they were intoxicated, and operated a motor vehicle, and someone died as a result. The same rule of law applies in New York
for vehicular manslaughter in the second degree.
is punishable as a second degree of manslaughter.
Culpability
Culpability descends from the Latin concept of fault . The concept of culpability is intimately tied up with notions of agency, freedom and free will...
than murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.
The law generally differentiates between levels of criminal culpability based on the mens rea
Mens rea
Mens rea is Latin for "guilty mind". In criminal law, it is viewed as one of the necessary elements of a crime. The standard common law test of criminal liability is usually expressed in the Latin phrase, actus non facit reum nisi mens sit rea, which means "the act does not make a person guilty...
, or state of mind. This is particularly true within the law of homicide
Homicide
Homicide refers to the act of a human killing another human. Murder, for example, is a type of homicide. It can also describe a person who has committed such an act, though this use is rare in modern English...
, where murder requires either the intent to kill – a state of mind called malice
Malice (legal term)
Malice is a legal term referring to a party's intention to do injury to another party. Malice is either expressed or implied. Malice is expressed when there is manifested a deliberate intention unlawfully to take away the life of a human being...
, or malice aforethought
Malice aforethought
Malice aforethought is the "premeditation" or "predetermination" that was required as an element of some crimes in some jurisdictions, and a unique element for first-degree or aggravated murder in a few.-Legal history:...
– or the knowledge that one's actions are likely to result in death; manslaughter, on the other hand, requires a lack of any prior intention to kill or create a deadly situation.
Manslaughter is usually broken down into two distinct categories: voluntary manslaughter and involuntary manslaughter.
Voluntary manslaughter
Voluntary manslaughterVoluntary Manslaughter
Voluntary manslaughter is the killing of a human being in which the offender had no prior intent to kill and acted during "the heat of passion," under circumstances that would cause a reasonable person to become emotionally or mentally disturbed. In the Uniform Crime Reports prepared by the...
occurs either when the defendant kills with malice aforethought (intention to kill or cause serious harm), but there are mitigating circumstances which reduce culpability, or when the defendant kills only with an intent to cause serious bodily harm. Voluntary manslaughter in some jurisdictions is a lesser included offense
Lesser included offense
A lesser included offense, in criminal law, is a crime for which all of the elements necessary to impose liability are also elements found in a more serious crime....
of murder. The traditional mitigating factor was provocation
Provocation (legal)
In criminal law, provocation is a possible defense by excuse or exculpation alleging a sudden or temporary loss of control as a response to another's provocative conduct sufficient to justify an acquittal, a mitigated sentence or a conviction for a lesser charge...
; however, others have been added in various jurisdictions.
Laws in the United States
There have been many types of voluntary manslaughter. These have not been differentiated here as they are so closely related or indistinguishable that many US jurisdictions do not differentiate between them.The following are some examples of defenses which may be raised to mitigate murder to voluntary manslaughter:
- Provocation: A killing which occurs after provocation by an event which would cause a reasonable person to lose self-control. There must not be a cooling off period negating provocation. If there is an interval between the provocation and killing sufficient to allow the passion of a reasonable person to cool, the homicide is not manslaughter, but murder.
- Imperfect self-defenseImperfect self-defenseImperfect self-defense is a common law doctrine of criminal procedure recognized by some jurisdictions whereby a defendant may mitigate punishment or sentencing imposed for a crime involving the use of deadly force by claiming, as a partial affirmative defense, the honest but unreasonable belief...
: Allowed only in a limited number of jurisdictions in the United States, self-defense is a complete defense to murder. However, a person who acted in self defense with an honest but unreasonable belief that deadly force was necessary to do so could still be convicted of voluntary manslaughter or deliberate homicide committed without criminal malice. Malice is found if a person killed intentionally and without legal excuse or mitigation. - Diminished capacity is a defense which serves to negate the mental state of "malice". If a jurisdiction recognizes that a person can kill without justification, but also without any evil intent, for example due to a mental defect or mental illness, that jurisdiction is free to define the crime as something less than murder. This partial defense is only available in some US jurisdictions and not others; whereas the complete defense of insanity is available throughout the US, but rarely used because it is more difficult to show.
English law
The Homicide Act 1957Homicide Act 1957
The Homicide Act 1957 is an Act of the Parliament of the United Kingdom. It was enacted as a partial reform of the common law offence of murder in English law by abolishing the doctrine of constructive malice , reforming the partial defence of provocation, and by introducing the partial defences...
sets out three partial defences that reduce murder to voluntary manslaughter: diminished responsibility, provocation and suicide pact. Sections 52-56 of The Coroners and Justice Act 2009
Coroners and Justice Act 2009
-External links:*, as amended from the National Archives.*, as originally enacted from the National Archives.* to the Coroners and Justice Act 2009....
will amend, and update, the partial defences of diminished responsibility and provocation (which will be renamed 'loss of control'), however, these provisions are not yet in force and no date has been set for them to become so.
Diminished responsibility
This covers diminished mental responsibility for a crime falling short of the requirements of the complete defence of InsanityInsanity defence
In criminal trials, the insanity defense is where the defendant claims that he or she was not responsible for his or her actions due to mental health problems . The exemption of the insane from full criminal punishment dates back to at least the Code of Hammurabi. There are different views of the...
. Under s 2 Homicide Act 1957
Homicide Act 1957
The Homicide Act 1957 is an Act of the Parliament of the United Kingdom. It was enacted as a partial reform of the common law offence of murder in English law by abolishing the doctrine of constructive malice , reforming the partial defence of provocation, and by introducing the partial defences...
there are three requirements for the defendant to raise the defence of diminished responsibility
Diminished responsibility
In criminal law, diminished responsibility is a potential defense by excuse by which defendants argue that although they broke the law, they should not be held fully criminally liable for doing so, as their mental functions were "diminished" or impaired. The defense's acceptance in American...
:
- The defendant suffered from an abnormality of mind at the time of the killing. An abnormality of mind is ‘a state of mind so different from that of ordinary human beings that the reasonable man would term it abnormal’.
- The abnormality was caused by one of the causes specified by the Act: a condition of arrested or retarded development of mind, any inherent cause or a disease or injury.
- The abnormality substantially impaired the defendant’s mental responsibility for the killing. Substantial means the lack of control must simply be ‘more than trivial’.
Under s2(2) of the Act it is for the defendant to prove he suffered from such a condition on the balance of probabilities.
Provocation
Provocation was originally a common law defense to murder, but it was reformed by s3 Homicide Act 1957Homicide Act 1957
The Homicide Act 1957 is an Act of the Parliament of the United Kingdom. It was enacted as a partial reform of the common law offence of murder in English law by abolishing the doctrine of constructive malice , reforming the partial defence of provocation, and by introducing the partial defences...
. There are two limbs to the defence, first the defendant must have actually been provoked, and second the provocation must be such as would have made the reasonable man act as the defendant did.
Provocation can come from someone other than the victim and be aimed at someone other than the accused. Further the defense is not defeated by the fact that the defendant induced the provocation.
- Subjective limb: provocation in fact: It is a question of fact for the jury whether the defendant was in fact provoked. The loss of control must be sudden and temporary. However, it can be the result of slow burn with a relatively minor ‘final straw’.
- Objective limb: the reasonable man test: The provocation must be enough to make a reasonable man do as the defendant did. The reasonable man has the same sex and age as the defendant and such characteristics as affect the gravity of the provocation to the defendant, but characteristics irrelevant to the provocation such as unrelated mental disorders are not given to the reasonable man. Finally, the reasonable man always has reasonable powers of self control and is never intoxicated.
Suicide pacts
S4(1) Homicide Act 1957Homicide Act 1957
The Homicide Act 1957 is an Act of the Parliament of the United Kingdom. It was enacted as a partial reform of the common law offence of murder in English law by abolishing the doctrine of constructive malice , reforming the partial defence of provocation, and by introducing the partial defences...
introduced the defence of suicide pact in England and Wales. Parliament's intention was to show some compassion for those who had been involved in a suicide pact but failed to die. S4(3) defines a suicide pact as ‘a common agreement between two or more persons having for its object the death of all of them, whether or not each is to take his own life’. The accused must have had a "settled intention of dying in pursuance of the pact" to avoid his entering into a supposed pact with the real intention of committing murder.
Infanticide
Another form of voluntary manslaughter is infanticideInfanticide
Infanticide or infant homicide is the killing of a human infant. Neonaticide, a killing within 24 hours of a baby's birth, is most commonly done by the mother.In many past societies, certain forms of infanticide were considered permissible...
. This offense was created by statute in some countries during the 20th century. Generally, a conviction of infanticide will be made where the court is satisfied that a mother killed her newborn child while the balance of her mind was disturbed as a result of childbirth; for instance, in cases of post-natal depression. It is a form of manslaughter, and carries the same range of sentences as a manslaughter conviction. While infanticide is a separate offense from murder, and not a reductive defense to murder (such as the defenses listed below), in practice it works in much the same way as a reductive defense.
Involuntary manslaughter
Involuntary manslaughter is the unlawful killing of a human being without malice aforethought. It is distinguished from voluntary manslaughter by the absence of intention. It is normally divided into two categories; constructive manslaughter and criminally negligent manslaughter.Constructive manslaughter
Constructive manslaughter is also referred to as ‘unlawful act’ manslaughter. It is based on the doctrine of constructive malice, whereby the malicious intent inherent in the commission of a crime is considered to apply to the consequences of that crime. It occurs when someone kills, without intent, in the course of committing an unlawful act. The malice involved in the crime is transferred to the killing, resulting in a charge of manslaughter.For example, a person who runs a red light in their vehicle and hits someone crossing the street could be found to intend or be reckless as to assault or criminal damage (see DPP v Newbury). There is no intent to kill, and a resulting death would not be considered murder, but would be considered involuntary manslaughter. The accused's responsibility for causing death is constructed from the fault in committing what might have been a minor criminal act.
United States law
In the United States, misdemeanor manslaughter is a lesser version of felony murderFelony murder
The rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder in two ways. First, when an offender kills accidentally or without specific intent to kill in the course of an applicable felony, what might have been manslaughter is escalated to murder...
, and covers a person who causes the death of another while committing a misdemeanor
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
that is, a violation of law which doesn't rise to the level of a felony. This may automatically lead to a conviction for the homicide, if the misdemeanor involved a law designed to protect human life. Many violations of safety laws are infractions, which means a person can be convicted regardless of mens rea
Mens rea
Mens rea is Latin for "guilty mind". In criminal law, it is viewed as one of the necessary elements of a crime. The standard common law test of criminal liability is usually expressed in the Latin phrase, actus non facit reum nisi mens sit rea, which means "the act does not make a person guilty...
.
English law
Constructive manslaughter in English Law is committing an unlawful dangerous act which causes death. The associated doctrine of constructive murder, under which killing in the course of committing a felony led to a charge of murder, was abolished by the Homicide Act 1957Homicide Act 1957
The Homicide Act 1957 is an Act of the Parliament of the United Kingdom. It was enacted as a partial reform of the common law offence of murder in English law by abolishing the doctrine of constructive malice , reforming the partial defence of provocation, and by introducing the partial defences...
.
There are three requirements for constructive manslaughter:
- The defendant must do an unlawful act. This must be a criminal, not civil, offence and must involve mens rea of intention or recklessness. Crimes involving negligence or omission will not suffice.
- The act must be dangerous. Whether the act is dangerous is objectively judged from the point of view of a sober and reasonable person present at the scene who witnessed the act. The defendant need not be aware the act is dangerous and the act need not be directed at the victim.
- The act must cause the death of the victim.
Criminally negligent manslaughter
Criminally negligent manslaughter is variously referred to as criminally negligent homicide in the United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, gross negligence
Gross negligence
Gross negligence is a legal concept which means serious carelessness. Negligence is the opposite of diligence, or being careful. The standard of ordinary negligence is what conduct one expects from the proverbial "reasonable person"...
manslaughter in England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
. In Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
and some Commonwealth of Nations
Commonwealth of Nations
The Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states...
jurisdictions the offence of culpable homicide
Culpable homicide
Culpable homicide is a specific offence in various jurisdictions within the Commonwealth of Nations which involves the illegal killing of a person either with or without an intention to kill depending upon how a particular jurisdiction has defined the offence...
might apply.
It occurs where death results from serious negligence
Criminal negligence
In the criminal law, criminal negligence is one of the three general classes of mens rea element required to constitute a conventional as opposed to strict liability offense. It is defined as an act that is:-Concept:...
, or, in some jurisdictions, serious recklessness. A high degree of negligence is required to warrant criminal liability. A related concept is that of willful blindness
Willful blindness
Willful blindness is a term used in law to when an individual seeks to avoid civil or criminal liability for a wrongful act by intentionally putting himself in a position where he will be unaware of facts which would render him liable.For example, in a number of cases,...
, which is where a defendant intentionally puts himself in a position where he will be unaware of facts which would render him liable.
Criminally negligent manslaughter occurs where there is an omission to act when there is a duty to do so, or a failure to perform a duty owed, which leads to a death. The existence of the duty is essential because the law does not impose criminal liability for a failure to act unless a specific duty is owed to the victim. It is most common in the case of professionals who are grossly negligent in the course of their employment. An example is where a doctor fails to notice a patient's oxygen supply has disconnected and the patient dies (R v Adomako).
United States law
In jurisdictions such as PennsylvaniaPennsylvania
The Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...
, if a person is so reckless as to "manifest extreme indifference to human life", the defendant may be guilty of aggravated assault as well as of involuntary manslaughter.
In many jurisdictions such as California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
, malice may be found if gross negligence amounts to willful or depraved indifference to human life. In such a case, the wrongdoer may be guilty of second degree murder.
English law
In English law, gross negligence is the test for manslaughter. The crime was defined in R v Bateman as 'to show such disregard for life and the safety of others as to amount to a crime against the state and conduct deserving of punishment. In R v Adomako the House of LordsJudicial functions of the House of Lords
The House of Lords, in addition to having a legislative function, historically also had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachment cases, and as a court of last resort within the United Kingdom. In the latter case the House's...
affirmed R v Bateman, and set out the five elements required for negligence:
- A duty of care owed by the defendant to the victim.
- A breach of that duty.
- A risk that the defendant's conduct could cause death.
- Evidence that the breach of duty caused the victim's death.
- The defendant fell so far below the standards of the reasonable man in that situation that he should be labelled grossly negligent and deserving of criminal punishment.
It is for the jury to decide what constitutes 'grossly negligent behaviour'.
Vehicular or intoxication manslaughter
Vehicular manslaughter is a class C felony which holds people liable for any death which occurs because of criminal negligence, or a violation of traffic safety laws. A common use of the vehicular manslaughter laws involves prosecution for a death caused by driving under the influenceDriving under the influence
Driving under the influence is the act of driving a motor vehicle with blood levels of alcohol in excess of a legal limit...
of intoxicating substances
Intoxication
Substance intoxication is a type of substance-induced disorder which is potentially maladaptive and impairing, but reversible, and associated with recent use.If the symptoms are severe, the term "substance intoxication delirium" may be used.-Classification:...
(determined by excessive blood alcohol content
Blood alcohol content
Blood alcohol content , also called blood alcohol concentration, blood ethanol concentration, or blood alcohol level is most commonly used as a metric of alcohol intoxication for legal or medical purposes....
levels set by individual U.S. states), although an independent infraction (such as driving with a suspended driver's license
Driver's license
A driver's license/licence , or driving licence is an official document which states that a person may operate a motorized vehicle, such as a motorcycle, car, truck or a bus, on a public roadway. Most U.S...
), or negligence, is usually also required.
In Wisconsin, a person who causes death with any type of motor vehicle while legally intoxicated may be liable and charged with homicide by intoxicated use of a motor vehicle. Culpability lies with the perpetrator. In 2003 the maximum prison term for conviction on that charge was reduced from 40 years to 15 years imprisonment. The length of sentence is now equivalent to a charge and conviction in Wisconsin of second-degree reckless homicide. In Wisconsin, as in most states, vehicular homicide occurs when the act is not perpetrated during a felony, because driving while under the influence is not a felony.
In some U.S. states, such as Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
, intoxication manslaughter is a distinctly defined offence. A person commits intoxication manslaughter if he, or she, operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride while intoxicated and, by reason of that intoxication, causes the death of another by accident or mistake.
Intoxication manslaughter, vehicular manslaughter and other similar offences require a lesser mens rea
Mens rea
Mens rea is Latin for "guilty mind". In criminal law, it is viewed as one of the necessary elements of a crime. The standard common law test of criminal liability is usually expressed in the Latin phrase, actus non facit reum nisi mens sit rea, which means "the act does not make a person guilty...
than other manslaughter offences. Furthermore, the fact that the defendant is entitled to use the alcohol, controlled substance, drug, dangerous drug, or other substance, is no defence. For example, in Texas, to prove intoxication manslaughter, it is not necessary to prove the person was negligent in causing the death of another, nor that they unlawfully used the substance that intoxicated them, but only that they were intoxicated, and operated a motor vehicle, and someone died as a result. The same rule of law applies in New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
for vehicular manslaughter in the second degree.
Assisted suicide
In some U.S. states, assisted suicideAssisted suicide
Assisted suicide is the common term for actions by which an individual helps another person voluntarily bring about his or her own death. "Assistance" may mean providing one with the means to end one's own life, but may extend to other actions. It differs to euthanasia where another person ends...
is punishable as a second degree of manslaughter.
See also
- Criminal transmission of HIVCriminal transmission of HIVIn many countries, the intentional or reckless infection of a person with the human immunodeficiency virus is considered to be a crime. This is often conflated, in laws and in discussion, with criminal exposure to HIV, which does not require the transmission of the virus and often, as in the...
- Depraved heart murderDepraved heart murderDepraved-heart murder, also known as depraved-indifference murder, is an American legal term for an action that demonstrates a "callous disregard for human life" and results in death...
- Imperfect self-defenseImperfect self-defenseImperfect self-defense is a common law doctrine of criminal procedure recognized by some jurisdictions whereby a defendant may mitigate punishment or sentencing imposed for a crime involving the use of deadly force by claiming, as a partial affirmative defense, the honest but unreasonable belief...
- Manslaughter in English lawManslaughter in English lawIn the English law of homicide, manslaughter is a less serious offence than murder, the differential being between levels of fault based on the mens rea . In England and Wales, the usual practice is to prefer a charge of murder, with the judge or defence able to introduce manslaughter as an option...