- August 19, 2012
- Posted by: essay
- Category: Free essays
Voluntary manslaughter is a crime when the accused kills with evidenced malice (intention to kill or cause serious harm). Voluntary manslaughter is a lesser included offense of murder. The traditional extenuating circumstances are provocation.
Provocation is the event when the sensible person can lose self-control and kill someone.
Involuntary manslaughter is the illegal homicide of a human being without any malicious intent. It is usually divided into constructive manslaughter and criminally negligent manslaughter.
Constructive manslaughter is also referred to illegal acts. It is based on the doctrine of constructive malice. It occurs when someone kills, without intent.
For example, if a person throws a snow-ball off a roof of a house into a passerby below and kills him accidentally. His actions could be found to intend as to assault or criminal damage. There is no intent to kill, and a resulting death would not be considered killing, but would be considered involuntary manslaughter. The convict’s responsibility for causing death is explained by the fault in committing what might have been a minor criminal act.
It happens where death results from serious negligence, or in some jurisdictions, serious desperation. A related concept is that of willful blindness, which is where a defendant on purpose puts himself in a position where he won’t be in the know of facts which would render him liable.
Criminally negligent manslaughter comes about 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 extremely important because the law does not involve in criminal liability for a failure to act unless a specific duty is owed to the victim.