Involuntary Manslaughter - Law Dictionary Search Results

Home Dictionary Name: involuntary manslaughter

involuntary manslaughter

involuntary manslaughter see manslaughter ...

manslaughter : the unlawful killing of a human being without malice compare homicide, murder involuntary manslaughter : manslaughter resulting from the failure to perform a legal duty expressly required to safeguard human life, from the commission of an unlawful act not amounting to a felony, or from the commission of a lawful act involving a risk of injury or death that is done in an unlawful, reckless, or grossly negligent manner see also reckless homicide at homicide NOTE: The exact formulation of the elements of involuntary manslaughter vary from state to state esp. with regard to the level of negligence required. In states that grade manslaughter by degrees, involuntary manslaughter is usually graded as a second- or third-degree offense. misdemeanor-manslaughter : involuntary manslaughter occurring during the commission of a misdemeanor compare felony murder at murder voluntary manslaughter : manslaughter resulting from an intentional act done without malice or premeditati...

homicide

homicide [Latin homicidium, from homo human being + caedere to cut, kill] 1 : a person who kills another 2 : the killing of one human being by another compare manslaughter, murder criminal homicide : homicide committed by a person with a criminal state of mind (as intentionally, with premeditation, knowingly, recklessly, or with criminal negligence) deliberate homicide : homicide caused purposely and knowingly used in Montana excusable homicide : homicide that is committed by accident or misfortune by a person doing a lawful act by lawful means with usual and ordinary caution and without any unlawful intent and that is excused under the law with no criminal punishment imposed ;also : justifiable homicide in this entry felonious homicide : homicide committed without justification homicide by misadventure : homicide that occurs as the result of an accident caused by a person doing a lawful act with no unlawful intent justifiable homicide : homicide that is committed in self-...

reckless

reckless : characterized by the creation of a substantial and unjustifiable risk to the lives, safety, or rights of others and by a conscious and sometimes wanton and willful disregard for or indifference to that risk that is a gross deviation from the standard of care a reasonable person would exercise in like circumstances [a state of mind may be inferred from conduct] see also involuntary manslaughter at manslaughter reckless homicide at homicide, recklessness compare careless reck·less·ly adv ...

cooling time

cooling time : time in which to become calm following provocation compare heat of passion NOTE: If a court finds that the cooling time was sufficient or reasonable, a defendant may not use provocation to reduce a murder charge to involuntary manslaughter. ...

Manslaughter

Manslaughter, the unlawful killing of another without malice express or implied. It is either--(a) Voluntary, upon a sudden heat; or,(b) Involuntary, upon the commission of some other unlawful act, or by culpable negligence.Both are felony, and punished, at the discretion of the Court, by penal servitude for life, or not less than three yeas, or by a fine.--(English) Offences against the Person Act, 1861 (24 & 25 Vict. c. 100), s. 5.On the principle that any greater felony includes a less felony, a person indicted for murder may be convicted of manslaughter. See Steph. Dig., art. 272. See MURDER.A high degree of negligence is required before a charge of manslaughter can be established--the breach of a statutory duty causing death is not necessarily manslaughter, Andrews v. Director of Public Prosecutions, 1937 AC 576. See CHANCE...

Homicide

Homicide, destroying the life of a human being. In its several stages of guilt, arising from the parti-cular circumstances of mitigation or aggravation which attends it, it is either justifiable, excusable, or felonious.I. Justifiable, of three kinds:(a) Where the proper officer executes a criminal in strict conformity with his sentence.(b) Where an officer of justice, or other person acting in his aid, in the legal exercise of a particular duty, kills a person who resists or prevents him from executing it.(g) Where it is committed in prevention of a forcible and atrocious crime, 1 Hale, 488.II. Excusable, of two kinds:-(a) Per infortunium, or by misadventure, as where a man doing a lawful act, without any intention of hurt, by accident kills another; but if death ensue from any unlawful act, the offence is manslaughter, and not misadventure.(b) Se defendendo, as where a man kills another upon a sudden encounter in his own defence, or in the defence of his wife, child, parent, or serva...

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