MANSLAUGHTER

Manslaughter: Criminal homicide thats not murder; Criminal homicide committed without malice (remember that murder is criminal homicide committed with malice). At Common Law, M/S served as a catch-all category for all criminal homicide that was not murder.

INVOLUNTARY MANSLAUGHTER 2 M/S

Common Law: M/S in which the death of the victim was not the intended or contemplated result. MPC 210.4. Negligent Homicide: Criminal homicide constitutes negligent homicide when it is committed negligently.

RECKLESS MANSLAUGHTER
Model Penal Code: Where a (1) consciously disregards (2) a substantial and unjustifiable risk of death to the victim of such a nature and degree that, considering the nature and purpose of the actors conduct and the circumstances know to him, its (3) disregard involves a gross deviation from the standard of conduct that a law-abiding person would observe in the actors situation. Conscious Disregard Mere inattention or mistake of judgment is not criminal We want the to be both morally culpable and consciously aware of his actions Dont require to ADMIT they knew about the risk Subjective and Objective Tests for determining Conscious Disregard (1) Subjective: Did know of the risk and ignore it (2) Objective: How risky was the conduct? (3) Objective: What was the s role in the situation? TIED TO ELEENTS OF CRIME Substantial & Unjustifiable Risk of Death to the Victim Risk must be of such a nature and degree that, considering the nature and purpose of the actors conduct and the circumstances know to him, its disregard involves a gross deviation from the standard of conduct that a law-abiding person would observe in the actors situation. Tort Negligence failure to use ordinary care. Criminal Negligence gross deviation from std of care Gross Deviation - High degree of risk of death or bodily harm Doesnt require purpose or knowledge

Murray v. State (WY, 1993) who was a sharpshooter, fired some warning shots at the victim when one ricocheted and killed him. This is reckless manslaughter because the should have known the dangerous associated with firing a gun because he had fired one multiple times throughout his life. The difference b/t the minimum required mens rea for recklessness for M/S and Crim N is whether the was aware, but consciously disregarded, a substantial risk the result would happen, or was unaware but ought to ha e been aware of a substantial risk! 1

This is a lesser included offense of depraved heart murder; the element of EIVHL is missing. This is the most serious form of involuntary manslaughter, and carries the highest penalty.