MANSLAUGHTER

Manslaughter: Criminal homicide that’s 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 actor’s 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 actor’s 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 – Don’t 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 actor’s 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 actor’s 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  Doesn’t 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

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