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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.

UNLAWFUL ACT (MISDEMEANOR) MANSLAUGHTER:


a species of involuntary M/S in which death results from the commission, in a dangerous way, of an inherently dangerous misdemeanor or other inherently dangerous unlawful act. This is a lesser crime than felony-murder, plainly enough. People v. Ochoa (CA, 1993) Gross N and Vehicular M/S People v. Penny* (CA) p 218 Some quack is trying to do chemical peel face-lifts in the early days of such things and applies phenol (incredibly toxic) to a womans face, and she dies. Reminiscent of the case from MS last year with the butt implants. Non-doctor was injecting fix-a-flat into someones butt & they died. Hed apparently done quite a few successful operations. But, hes committing a felony thats not inherently dangerous and/or a misdemeanor. Can we charge with a misdemeanor M/S? Cts tend to roll them into Crim N M/S and talk about foreseeability of harm. But they tend to play out as M/S cases. Seems that if you do unlicensed plastic surgery and someone dies thats at least Misdmr M/S or felony M/S. Youre doing an unlawful act, the nature of which carries a high risk of harm. The fix-a-flat thing is certainly a gross deviation from std of care.

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