Manslaughter in United States
Manslaughter Definition
Manslaughter is homicide committed without excuse or justification, and without malice aforethought, expressed or implied. 1 Hawk. P. C. c. 30, §§ 2, 3; Steph. Dig. Crim. Law, art. 223. Voluntary manslaughter is an intentional homicide in sudden passion or heat of blood caused by reasonable provocation, and not with malice aforethought. 1 Hale, P. C. 466. To constitute voluntary manslaughter, (1) the killing must be intentional; (2) it must be without malice; (3) the provocation must be so great as to reasonably excite passion in an ordinary man, and cause him to act rashly and without reflection, and so immediate as not to afford reasonable cooling time. Involuntary manslaughter is homicide committed unintentionally, but without excuse, and not under such circumstances as to raise the implication of malice. 23 Iowa, 154; 62 Mich. 29. It may arise (1) from the doing of a criminal act not amounting to a felony, nor naturally tending to cause death or great bodily harm; (2) from the doing of a lawful act vdth gross negligence; (3) from the omission to perform a legal duty under circumstances showing gross negligence. By statutes in the various states, the degrees of manslaughter and the elements of each degree have been variously altered.
Manslaughter in Foreign Legal Encyclopedias
| Link | Description |
|---|---|
| Manslaughter | Manslaughter in the World Legal Encyclopedia. |
| Manslaughter | Manslaughter in the European Legal Encyclopedia. |
| Manslaughter | Manslaughter in the Asian Legal Encyclopedia. |
| Manslaughter | Manslaughter in the UK Legal Encyclopedia. |
| Manslaughter | Manslaughter in the Australian Legal Encyclopedia. |
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Browse the American Encyclopedia of Law for Manslaughter
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| Manslaughter | Manslaughter in the Family Law Portal of the American Encyclopedia of Law. |
| Manslaughter | Manslaughter in the IP Portal of the American Encyclopedia of Law. |
| Manslaughter | Manslaughter in the Commercial Law Portal of the American Encyclopedia of Law. |
| Manslaughter | Manslaughter in the Criminal Law Portal of the American Encyclopedia of Law. |
| Manslaughter | Manslaughter in the Antritrust Portal of the American Encyclopedia of Law. |
| Manslaughter | Manslaughter in the Bankruptcy Law Portal of the American Encyclopedia of Law. |
| Manslaughter | Manslaughter in the Constitutional Law Portal of the American Encyclopedia of Law. |
| Manslaughter | Manslaughter in the Tax Law Portal of the American Encyclopedia of Law. |
| Manslaughter | Manslaughter in the and Finance and Banking Portal of the American Encyclopedia of Law. |
| Manslaughter | Manslaughter in the Employment and Labor Portal of the American Encyclopedia of Law. |
| Manslaughter | Manslaughter in the Personal Injury and Tort Portal of the American Encyclopedia of Law. |
| Manslaughter | Manslaughter in the Environmental Law Portal of the American Encyclopedia of Law. |
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| Resource | Description |
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| Manslaughter in the Dictionaries | Manslaughter in our legal dictionaries |
| http://lawi.us/manslaughter | The URI of Manslaughter (more about URIs) |
| Manslaughter related entries | Find related entries of Manslaughter |
Legal Issue for Attorneys
Manslaughter is homicide committed without excuse or justification, and without malice aforethought, expressed or implied. 1 Hawk. P. C. c. 30, §§ 2, 3; Steph. Dig. Crim. Law, art. 223. Voluntary manslaughter is an intentional homicide in sudden passion or heat of blood caused by reasonable provocation, and not with malice aforethought. 1 Hale, P. C. 466. To constitute voluntary manslaughter, (1) the killing must be intentional; (2) it must be without malice; (3) the provocation must be so great as to reasonably excite passion in an ordinary man, and cause him to act rashly and without reflection, and so immediate as not to afford reasonable cooling time. Involuntary manslaughter is homicide committed unintentionally, but without excuse, and not under such circumstances as to raise the implication of malice. 23 Iowa, 154; 62 Mich. 29. It may arise (1) from the doing of a criminal act not amounting to a felony, nor naturally tending to cause death or great bodily harm; (2) from the doing of a lawful act vdth gross negligence; (3) from the omission to perform a legal duty under circumstances showing gross negligence. By statutes in the various states, the degrees of manslaughter and the elements of each degree have been variously altered.
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Notice
This definition of Manslaughter is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.
Practical Information
Note: Some of this information was last updated in 1982
The unlawful killing of another without malice. If death is the result of recklessness and negligence (in U.S. law), manslaughter would be the crime charged against the offender; for example, death resulting from reckless driving. Killing in the heat of passion amounts to manslaughter. It is the lack of malice that makes a killing manslaughter and not murder (in U.S. law).
What is Manslaughter?
For a meaning of it, read Manslaughter in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Manslaughter.
Resources
See Also
Deadly Force.
Further Reading (Articles)
Medical Manslaughter, University of Queensland Law Journal; July 1, 2009; Dobinson, Ian
Manslaughter Charge Tossed in Syracuse Hate Crime, Daily Record (Rochester, NY); July 24, 2013; Champagne, Denise M
Corporate Manslaughter Health & Safety Prosecutions., Mondaq Business Briefing; June 12, 2006
The Corporate Manslaughter And Corporate Homicide Act 2007., Mondaq Business Briefing; November 8, 2011
Call to limit charge of manslaughter in road traffic cases, The Irish Times; April 3, 2007; Paul Cullen
EXPERTS QUESTION MANSLAUGHTER CHARGE, The Buffalo News (Buffalo, NY); February 27, 1998; GENE WARNER – News Staff Reporter
Corporate Manslaughter Reforms Now Expected By April 2007., Mondaq Business Briefing; August 8, 2006; Joyston-Bechal, Simon
Corporate Manslaughter – Are Directors the Bait?, Mondaq Business Briefing; July 30, 2012
ATTORNEY GENERAL COAKLEY, STATE REPRESENTATIVE O’FLAHERTY, STATE SENS. MENARD, TARR ANNOUNCE LEGISLATION TO UPDATE CURRENT MANSLAUGHTER STATUTE, US Fed News Service, Including US State News; February 27, 2009
Corporate Manslaughter – What’s New?(Lion Steel Equipment Limited ), Mondaq Business Briefing; February 10, 2012
The ‘Don’t Kill’ Bill! The Corporate Manslaughter & Corporate Homicide Act 2007., Mondaq Business Briefing; January 20, 2008
Tragedy behind the wheel: understanding manslaughter by culpable negligence, vehicular homicide, and DUI manslaughter.(Florida), Florida Bar Journal; December 1, 1997; Hersh, Adam
Corporate Manslaughter Cases Set to Rise across UK, The Birmingham Post (England); June 27, 2008
Safety And Quality In Healthcare – Dr Patel Convicted Of Medical Manslaughter., Mondaq Business Briefing; July 4, 2010; Flannigan, Alison
MANSLAUGHTER CHARGES: NEW TACTIC IN WAR ON DRUGS, The Boston Globe (Boston, MA); April 26, 1987; John Ellement, Globe Staff
Corporate Manslaughter: The New Law., Mondaq Business Briefing; November 8, 2007; Griffiths, Rhys
U.K. government dilutes corporate manslaughter bill; Tony Blair’s third term will see legislation to make prosecution of companies easier, but with directors no longer facing the threat of a jail sentence. In a rush to appear strong on the issue, the labor government may be weakening the law.(REPORT FROM EUROPE), Risk & Insurance; September 15, 2005; Buck, Graham
The Corporate Manslaughter Challenge, Western Mail (Cardiff, Wales); December 5, 2007
Manslaughter Ruling Hangs over Mistrial, Honolulu Star – Advertiser; August 27, 2013; Honoré, Marcel
ATTORNEY GENERAL GETS MANSLAUGHTER CHARGES REINSTATED… NM SUPREME COURT OVERTURNS LOWER COURT RULING., States News Service; July 14, 2010
Manslaughter in State Statute Topics
Introduction to Manslaughter (State sta
tute topic)
The purpose of Manslaughter is to provide a broad appreciation of the Manslaughter legal topic. Select from the list of U.S. legal topics for information (other than Manslaughter).
Resources
Further Reading
- Information about Manslaughter in the Gale Encyclopedia of American Law.
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