Manslaughter

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

Types of Manslaughter

Manslaughter is generally divided into two distinct categories: voluntary manslaughter and involuntary manslaughter.

Voluntary Manslaughter

Voluntary manslaughter occurs when the defendant kills with malice aforethought but there are mitigating circumstances that reduce culpability. This often includes situations where the defendant was provoked and acted in the heat of passion. For example, a person who kills in response to being physically attacked may be charged with voluntary manslaughter rather than murder.

Involuntary Manslaughter

Involuntary manslaughter occurs when the defendant kills without intent to kill, usually as a result of reckless or negligent behavior. This can include deaths resulting from drunk driving, reckless handling of a firearm, or other forms of criminal negligence.

Legal Framework

The legal definitions and penalties for manslaughter vary by jurisdiction. In the United States, manslaughter is typically classified as a felony, with penalties ranging from several years to life in prison, depending on the circumstances and the state in which the crime occurred. In the United Kingdom, manslaughter is also a serious offense, with sentences that can range from community service to life imprisonment.

Defenses

Several defenses can be used in manslaughter cases, including:

• Self-defense
• Insanity defense
• Diminished capacity
• Accident

Related Legal Concepts

• Homicide
• Murder
• Negligence
• Recklessness
• Criminal law

See Also

• Criminal negligence
• Heat of passion
• Vehicular manslaughter
• Justifiable homicide
• Mitigating factor