Keith Mack
Manslaughter is a common law term for homicide, which is considered less culpable than murder. There are two broad categories of manslaughter: voluntary manslaughter and involuntary manslaughter. The former is an intentional killing committed under the influence of extreme mental or emotional disturbance, whereas the latter is an unintentional homicide committed in a criminally negligent manner. Vehicular manslaughter, manslaughter by gross criminal negligence, and manslaughter by unlawful and dangerous acts are some examples of involuntary manslaughter. Voluntary manslaughter, on the other hand, is a killing that would ordinarily be considered murder but is committed in response to a high level of provocation.
| Characteristics | Values |
|---|---|
| Common law term | Manslaughter |
| Definition | Homicide considered by law as less culpable than murder |
| Categories | Voluntary manslaughter, involuntary manslaughter |
| Voluntary manslaughter definition | Intentional killing committed in "sudden heat of passion" as the result of "adequate provocation." |
| Involuntary manslaughter definition | Unintentional homicide that was committed in a criminally negligent manner |
| Examples of adequate provocation | Observation of sexual marital infidelity, assault and battery, mutual combat, witnessing harm to a loved one, resistance to an illegal arrest |
| Other types | Vehicular manslaughter, constructive manslaughter |
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What You'll Learn
Involuntary manslaughter
The consequences of an involuntary manslaughter conviction can be severe, with penalties varying across jurisdictions. In most states, it is considered a serious felony, while some states, like Pennsylvania, treat it as a first-degree misdemeanour. Under federal law, involuntary manslaughter is punishable by up to eight years in prison, fines, and other costs. However, federal sentencing guidelines may result in reduced prison time.
The distinction between murder and manslaughter has evolved over time, with ancient Athenian lawmaker Draco making the distinction as early as the 7th century BC. Today, manslaughter is considered a common law legal term for homicide, less culpable than murder. The specific definitions and categorisations of manslaughter vary among legal jurisdictions, with some recognising both voluntary and involuntary manslaughter, while others have different classifications.
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Voluntary manslaughter
Manslaughter is the act of causing the death of another person in a manner less culpable than murder. There are three types of unlawful killings that constitute manslaughter: voluntary manslaughter, involuntary manslaughter, and constructive manslaughter. This answer will focus on voluntary manslaughter.
In some jurisdictions, malice can also be negated by imperfect self-defense, where there is an honest but unreasonable belief that it is necessary to defend oneself. The United States' Model Penal Code (MPC) does not use the common law language of voluntary and involuntary manslaughter. Instead, a homicide that would otherwise be murder is reduced to manslaughter when committed "under the influence of extreme mental or emotional disturbance for which there is a reasonable explanation or excuse".
The statutory maximum penalty for voluntary manslaughter in the US is 10 years. However, aggravating factors such as prior similar conduct, alcohol use, or the death of a child under 12 in the defendant's care may be considered when determining the sentence.
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Vehicular manslaughter
Manslaughter is the act of causing the death of another person in a manner less culpable than murder. Vehicular manslaughter is a specific type of manslaughter that involves the death of a person as a result of criminally negligent or murderous operation of a motor vehicle. In the United States, all states except Alaska, Montana, and Arizona have vehicular homicide statutes, which make it easier to convict and impose more severe penalties. However, in states without such statutes, defendants can still be charged with manslaughter or murder.
The definition and penalties for vehicular manslaughter vary across the United States. For example, in California, a person can be charged with vehicular manslaughter, vehicular manslaughter while intoxicated, gross vehicular manslaughter while intoxicated, or second-degree murder, depending on the degree of recklessness and alcohol involvement. On the other hand, in Minnesota, vehicular homicide is one of six levels of criminal vehicular operation, and it specifically excludes murder and manslaughter. Instead, it focuses on gross negligence, intoxication, or fleeing the scene.
In Arizona, manslaughter is classified as a class 2 "dangerous" felony, with penalties ranging from four to ten years in prison. While Arizona does not differentiate between manslaughter and vehicular manslaughter in its statutes, cases involving vehicular manslaughter are likely to be handled and tried similarly to other manslaughter cases. In Wisconsin, a person who causes death with any motor vehicle while legally intoxicated may be charged with homicide by intoxicated use of a motor vehicle, with a maximum penalty of twenty-five years in prison.
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Provocation
Manslaughter is a common-law legal term for homicide, which is considered less culpable than murder. The distinction between murder and manslaughter was first made by the ancient Athenian lawmaker Draco in the 7th century BC.
There is no specific definition or qualification for provocation, and it can vary in duration. However, it is essential to understand that provocation alone is insufficient to reduce a murder charge to manslaughter. The defendant must demonstrate that their actions were warranted due to the provoking circumstances and that any reasonable person in a similar situation would have reacted similarly. The length of time between the provocation and the homicide is also a factor in determining the impact of provocation. If there is sufficient time for the passion of a reasonable person to cool, the homicide is typically considered murder rather than manslaughter.
Courts have traditionally recognised five categories of adequate provocation:
- Observation of sexual marital infidelity: For example, a spouse discovering their partner being sexually unfaithful.
- Assault and battery.
- Mutual combat: When two parties willingly engage in a fight, and one party kills the other during the struggle.
- Witnessing harm to a loved one.
- Resistance to an illegal arrest.
However, courts have moved towards less restrictive rules, focusing on whether the provocation would cause an ordinary person to enter a heightened state of passion and lose self-control. This subjective standard considers the defendant's perspective, including any mental abnormalities, to determine if the provocation was adequate.
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Self-defence
However, self-defence does not apply if the defendant is voluntarily drunk and kills in what he mistakenly believes to be self-defence. In such cases, the defendant can be charged with murder. For example, in Hatton, the defendant raised the issue of self-defence after killing his friend in retaliation to several blows while they were both drunk. The Court of Criminal Appeal quashed his conviction for murder and substituted a verdict of manslaughter.
If a defendant's actions are unjustified but do not have the malice element required for a murder conviction, the charge may be reduced to manslaughter on the basis of imperfect self-defence. For example, if a husband catches his wife in the act of adultery and kills her and/or her lover on the spot, he may be charged with voluntary manslaughter rather than murder because he was provoked by the shock of the affair and killed in a fit of rage without premeditation.
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Frequently asked questions
Manslaughter is invariably the act of causing the death of another person in a manner less culpable than murder.
There are three types of unlawful killings that constitute manslaughter: voluntary manslaughter, and two types of involuntary manslaughter. Voluntary manslaughter is an intentional homicide committed in "sudden heat of passion" as a result of adequate provocation. The first type of involuntary manslaughter is an unintentional homicide committed in a criminally negligent manner. The second type of involuntary manslaughter is an unintentional homicide that occurred during the commission or attempted commission of an unlawful act that does not amount to a felony.
Traditionally, there were five categories that constituted adequate provocation: (1) observation of sexual marital infidelity, (2) assault and battery, (3) mutual combat, (4) witnessing harm to a loved one, and (5) resistance to an illegal arrest. Courts have since moved on to less restrictive rules which consider whether the provocation was of such a nature that it would cause an ordinary person to enter a heightened state of passion and lose their self-control.
