Involuntary Manslaughter

Question 1

What is Involuntary Manslaughter?

Answer 1

Homicide without Malice while committing a wrongful act

Question 2

Is Involuntary Manslaughter a General Intent crime?

Answer 2

Yes

Question 3

What is the Mens Rea of Involuntary Manslaughter?

Answer 3

General Intent

Question 4

Within Involuntary Manslaughter, what constitutes Recklessness?

Answer 4

Defendant was aware but consciously disregarded a substantial risk that death would occur

Question 5

What is the Misdemeanor Manslaughter Rule?

Answer 5

Homicide during the commission of a misdemeanor that is Malum in Se (Evil in itself)

Question 6

What type of misdemeanor is required for the Misdemeanor Manslaughter Rule?

Answer 6

Misdemeanor must be Malum In Se

Question 7

Within Involuntary Manslaughter, Misdemeanor Manslaughter may include felonies that are not:

Answer 7

Inherently dangerous

Question 8

Within Involuntary Manslaughter - Misdemeanor Manslaughter - need the misdemeanor be independent of collateral?

Answer 8

No, the misdemeanor need not be independent

Question 9

What is the difference in Malice requirements between Murder (Second Degree) and Involuntary Manslaughter?

Answer 9

Murder - 1) Intent to kill 2) Intent to Cause Serious Bodily Harm 3) Wanton Conduct 4) Felony Murder

Involuntary Manslaughter - 1) No Intent to kill 2) Intent to Cause Less than Serious Bodily Harm 3) Reckless Conduct 4) Misdemeanor Manslaughter

Question 10

What is the difference between Wanton Conduct and Reckless Conduct?

Answer 10

The difference is in the severity of disregard for life:

Wanton conduct - defendant was aware but consciously disregarded a VERY HIGH risk of death.

Reckless conduct - defendant was aware but consciously disregarded a SUBSTANTIAL risk of death.

Question 11

What is the difference between Felony Murder and Misdemeanor Manslaughter?

Answer 11

Felony Murder - Death of an innocent person occurs during the perpetration of an inherently dangerous (second degree murder) or enumerated (first degree murder) felony.

Misdemeanor Manslaughter - Death occurs during the commission of a misdemeanor that is Malum in Se.

Question 12

What three conditions give rise to Involuntary Manslaughter?

Answer 12

1) Intent to commit less than serious bodily injury 2) Recklessness 3) Misdemeanor Manslaughter rule