Manslaughter

Manslaughter is the unlawful killing of another person without pre-meditation or the intention to cause the other person's demise. In order for manslaughter to apply, the death must be the result of the offender's carelessness or an impulsive act.

Murder
For a murder to take place, the perpetrator must have planned the killing in advance. The offender must have formed the intention to kill the victim before the crime occurred. A person may also be charged with murder if someone is killed during the commission of a felony, such as a robbery.

Voluntary Manslaughter
Voluntary manslaughter occurs where one person kills another in the heat of the moment. This offense may also be referred to as crime of passion, since it may occur if the perpetrator is seriously provoked or enraged. Voluntary manslaughter is treated as a felony by the court system.

Example of Voluntary Manslaughter
A person may be charged with voluntary manslaughter if he or she discovers a spouse or signifiant other in a compromising position with a lover. Another example of this offense is a situation where someone kills in self-defense.

Involuntary Manslaughter
The law can treat involuntary manslaughter in two ways. Criminal negligence is a term that may be used to describe involuntary manslaughter. In other jurisdictions, involuntary manslaughter involves an unlawful act on the part of the offender.

Criminally Negligent Manslaughter
Criminally negligent manslaughter occurs when the victim's death is caused by either a reckless act committed by the offender or a lack of action that ultimately proved fatal. Ordinary people don't have a legal obligation to provide assistance to another person who needs it, but individuals with specialized training who fail to provide it may be charged with manslaughter if a fatality occurs.

Example of Criminally Negligent Manslaughter
Vehicular manslaughter may be considered an act of criminally negligent manslaughter. A person who drives while under the influence of drugs or alcohol and causes another person's death may be found guilty of this offense.

Unlawful Act Manslaughter
An unlawful act manslaughter occurs when the offender kills someone during the commission of a misdemeanor. Assault and battery is an example of an offense that could conceivably give rise to a manslaughter charge, depending on the facts of the case.

Example of Unlawful Act Manslaughter
If a person is killed as the result of being pushed or struck during an assault, the perpetrator may be charged with manslaughter. To succeed with this charge, the prosecution may be required to prove that the accused should have reasonably foreseen that his or her actions could have caused the victim's death.

Penalties for Manslaughter
The penalties for manslaughter depend on the jurisdiction. The judge hearing the case has to consider the facts of the case, as well as any extenuating circumstances, before imposing a sentence. In some cases, a person found guilty of this crime will be required to pay a fine, and in more serious ones, the offender will be sentenced to serve several years in prison.