What Defines Manslaughter?

When someone is at fault for the death of another person, there are several different charges that can be made against him or her. Within the charge of murder alone there are three different sub-categories, not including homicide. When certain circumstances make a defendant less culpable, the crime could be considered manslaughter.

A wrongful death lawyer is familiar with the distinctions between these charges. In Salt Lake City and other jurisdictions in the U.S., manslaughter is generally divided into two categories: voluntary and involuntary.

Voluntary manslaughter is defined by an intention to kill, but with other various factors inhibiting the charge from elevating to murder. Most often, the defendant had an intention to only inflict bodily harm, but was provoked.

Involuntary Manslaughter is defined as killing someone without “malice aforethought.” Both constructive and criminally negligent involuntary manslaughter can be defended with a wrongful death lawyer if the case warrants. In Salt Lake City and surrounding jurisdictions, a notable case for negligence or recklessness must be made.

One of the most notable cases for involuntary manslaughter surfaced in 2010 when Michael Jackson’s lawyer was convicted for administering the anesthetic propofol to the singer shortly before he was found dead. As stated by the Wall Street Journal, because the drug was being prescribed as a sleep aid, Dr. Murray was found guilty for negligence.

This criminal negligence is common in other malpractice suits in Salt Lake City and other major cities. Often doctors are charged with involuntary manslaughter for failing to live up to their duties such as monitoring a patient’s vitals or misdiagnosing. 

Another example of involuntary manslaughter is constructive, in which the defendant can be found guilty of wrongful death as a result of an unlawful act they have performed. Assisted suicide, illegal in 45 states, is often associated with this charge. Another example is a lawyer given a case involving the death of someone as the result of a traffic violation. 

 

The use of mobile phones while driving has increased the number of involuntary manslaughter cases brought to court in recent years. In Salt Lake City, as well as cities within 43 other states in the U.S., texting while driving is now illegal. The Sun Times reported last month that 25-year-old Emily Givens was charged for the wrongful death of a mother of two while texting and driving.

Overall, as with most other legal issues, manslaughter is a complicated and serious matter with several repercussions. Depending on a defendant’s true intent, they could be found guilty of this charge or higher.

Emily Culp is a legal writer reporter for Fusion 360, an SEO and content marketing agency. Information provided by Robert J Debry. Follow on Twitter