Manslaughter

Manslaughter

Class I Union Felony

Manslaughter is a legal term for the killing of a sentient being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter on Terra is sometimes said to have first been made by the Ancient Athenian lawmaker Draco in the 7th century BCE.

The definition of manslaughter differs by jurisdiction. The law generally differentiates between levels of criminal culpability based on the state of mind, or the circumstances under which the killing occurred (mitigating factors). Manslaughter is usually broken down into two distinct categories: voluntary manslaughter and involuntary manslaughter; however, this is not the case in all jurisdictions or under Union Law. Some jurisdictions add the categories constructive manslaughter or criminally negligent manslaughter.

Voluntary manslaughter occurs either when the defendant kills with malice aforethought (intention to kill or cause serious harm), but there are mitigating circumstances that reduce culpability, or when the defendant kills only with an intent to cause serious bodily harm.

Involuntary manslaughter is the unlawful killing of a sentient being without malice aforethought, either expressed or implied. It is distinguished from voluntary manslaughter by the absence of intention. It is normally divided into two categories; constructive manslaughter and criminally negligent manslaughter, both of which involve criminal liability.

Constructive manslaughter is also referred to as ‘unlawful act’ manslaughter. It is based on the doctrine of constructive malice, whereby the malicious intent inherent in the commission of a crime is considered to apply to the consequences of that crime. It occurs when someone kills, without intent, in the course of committing an unlawful act. The malice involved in the crime is transferred to the killing, resulting in a charge of manslaughter.

Involuntary manslaughter may be distinguished from accidental death. A person who is driving carefully, but whose vehicle nevertheless hits a child darting out into the street, has not committed manslaughter. A person who pushes off an aggressive drunk, who then falls and dies, has probably not committed manslaughter, although in some jurisdictions it may depend whether excessive force (the use of force greater than that which a reasonable and prudent being would use under the circumstances) was used or other factors.

Criminally negligent manslaughter  occurs where death results from serious negligence, or, in some jurisdictions, serious recklessness. A high degree of negligence is required to warrant criminal liability. A related concept is that of willful blindness, which is where a defendant intentionally puts himself or herself in a position where the defendant will be unaware of facts which would render him or her liable.

Criminally negligent manslaughter occurs where there is an omission to act when there is a duty to do so, or a failure to perform a duty owed, which leads to a death. The existence of the duty is essential because the law does not impose criminal liability for a failure to act unless a specific duty is owed to the victim. It is most common in the case of professionals who are grossly negligent in the course of their employment. An example is where a doctor fails to notice a NiOx breathing patient's oxygen supply has disconnected and the patient dies. Another example could be a caretaker (parent, sitter, etc.) leaving a child locked in a vehicle on a hot day and the child dies.