manslaughter


manslaughter
The unjustifiable, inexcusable and intentional killing of a human being without deliberation, premeditation and malice. State v. Banister, Mo.App., 512 S.W.2d 843, 845.
The unlawful killing of a human without any deliberation, which may be involuntary, in the commission of a lawful act without due caution and circumspection. Wallace v. U. S., 162 U.S. 466, 16 S.Ct. 859, 40 L.Ed. 1039.
Criminal homicide constitutes manslaughter when:
(a) it is committed recklessly; or
(b) a homicide which would otherwise be murder is committed under the influence of extreme mental or emotional disturbance for which there is reasonable explanation or excuse. The reasonableness of such explanation or excuse shall be determined from the viewpoint of a person in the actor's situation under the circumstances as he believes them to be. Model Penal Code, No. 210.3.
The heat of passion, which will reduce a murder to manslaughter, must be such passion as would be aroused naturally in the mind of the ordinary reasonable person under the same or similar circumstances, as shown by the evidence in the case.
There are various types or degrees of manslaughter recognized by federal and state statutes:
@ involuntary manslaughter
Such exists where a person in committing an unlawful act not felonious or tending to great bodily harm, or in committing a lawful act without proper caution or requisite skill, unguardedly or undesignedly kills another. Model Penal Code, No. 210.3(lXa); 18 U.S.C.A. No. 1112
+ involuntary manslaughter
The unlawful killing of a human being in the commission of an unlawful act not amounting to felony, or in the commission of a lawful act which might produce death in an unlawful manner, or without due caution and circumspection. An unlawful homicide, unintentionally caused by an act which constitutes such disregard of probable harmful consequences to another as to constitute wanton or reckless conduct. Com. v. McCauley, 355 Mass. 554, 246 N.E.2d 425, 428.
See also manslaughter
@ voluntary manslaughter
Manslaughter committed voluntarily upon a sudden heat of the passions; as if, upon a sudden quarrel, two persons fight, and one of them kills the other. Model Penal Code, No. 210.3(lXb); 18 U.S.C.A. No. 1112.
It is the unlawful taking of human life without malice and under circumstances falling short of willful, premeditated, or deliberate intent to kill and approaching too near thereto to be justifiable homicide. The absence of intention to kill or to commit any unlawful act which might reasonably produce death or great bodily harm is the distinguishing feature between voluntary and involuntary homicide
@

Black's law dictionary. . 1990.

Synonyms:
, / (without malice)


Look at other dictionaries:

  • manslaughter — man·slaugh·ter / man ˌslȯ tər/ n: the unlawful killing of a human being without malice compare homicide, murder involuntary manslaughter: manslaughter resulting from the failure to perform a legal duty expressly required to safeguard human life …   Law dictionary

  • Manslaughter — steht für Voluntary manslaughter Involuntary manslaughter den Originaltitel des 1922 gedrehten Films Frauen auf schiefer Bahn den englischen Titel des dänischen Films Totschlag – Im Teufelskreis der Gewalt Diese Seite ist eine …   Deutsch Wikipedia

  • Manslaughter — Man slaugh ter, n. 1. The slaying of a human being; destruction of men. Milton. [1913 Webster] 2. (Law) The unlawful killing of a man, either in negligence or incidentally to the commission of some unlawful act, but without specific malice, or… …   The Collaborative International Dictionary of English

  • manslaughter — (n.) mid 14c., act, crime, or sin of killing another human being, in battle or not, from MAN (Cf. man) (n.) + SLAUGHTER (Cf. slaughter) (n.). Replaced O.E. mannslæht (Anglian), mannslieht (W.Saxon), from slæht, slieht act of killing (see SLAY (Cf …   Etymology dictionary

  • manslaughter — [n] killing without malicious forethought crime, foul play*, hit*, homicide, killing, murder; concept 252 …   New thesaurus

  • manslaughter — ► NOUN ▪ the crime of killing a person without intention to do so …   English terms dictionary

  • manslaughter — [man′slôt΄ər] n. the killing of a human being by another; esp., such killing when unlawful but without malice: see also MURDER, HOMICIDE …   English World dictionary

  • Manslaughter — For other uses, see Manslaughter (disambiguation). Homicide …   Wikipedia

  • manslaughter — The unjustifiable, inexcusable and intentional killing of a human being without deliberation, premeditation and malice. State v. Banister, Mo.App., 512 S.W.2d 843, 845. The unlawful killing of a human without any deliberation, which may be… …   Black's law dictionary

  • Manslaughter — Cette page d’homonymie répertorie les différents sujets et articles partageant un même nom. Manslaughter signifie homicide en anglais. Manslaughter est un personnage des comics Marvel ; Manslaughter est le titre original du film américain Le …   Wikipédia en Français


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