Manslaughter


Fundamentals of Criminal Law

Adam J. McKee, Ph.D.

Jack Brown, Ph.D.


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Manslaughter can be accomplished in four ways:

1.  A person commits manslaughter if he or she causes the death of another person under circumstances that would be murder, except that he causes the death under the influence of extreme emotional disturbance for which there is reasonable excuse.

  1.  A person commits manslaughter if he or she purposely causes or aids another person to commit suicide. 
  2. A person commits manslaughter if he or she recklessly causes the death of another person. 
  3. A person commits manslaughter if he or she commits or attempts to commit a felony and in the course of and in furtherance of the felony or in immediate flight therefrom, (a) the person or an accomplice negligently causes the death of any person, or (b) another person who is resisting such offense or flight causes the death of any person.

Defenses

It is an affirmative defense that (in cases of negligent death during the commission of a felony under section 4 above) the defendant was not the only participant and can show the following:

1.  He or she did not commit the homicidal act or in any way solicit, command, induce, procure, counsel, or aid its commission
2.  He or she was not armed with a deadly weapon
3.  He or she reasonably believed that no other participant was armed with a deadly weapon
4.  He or she reasonably believed that no other participant intended to engage in conduct which could result in death or serious physical injury

Manslaughter is a Class C felony.


Modification History

File Created:  07/17/2018

Last Modified:  07/17/2018

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This work is licensed under an Open Educational Resource-Quality Master Source (OER-QMS) License.

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