Manslaughter Law






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Manslaughter is generally divided into two main areas; voluntary and involuntary. The absence of the element of intent is the key distinguishing factor between voluntary and involuntary manslaughter.

Involuntary Manslaughter, sometimes called criminally negligent homicide occurs where there is no intention to kill or cause serious injury but death is due to recklessness or criminal negligence. Voluntary Manslaughter occurs when the defendant may have an intent to cause death or serious injury, but the potential liability for the person is mitigated by the circumstances and state of mind.

To consult State Legislation regarding manslaughter laws and regulations please see the Criminal Code by State page.

Manslaughter Law - US

  • 2009 Federal Sentencing Guidelines Manual - Manslaughter

    Sentencing guide regarding offenses against the person.

  • ABA - Criminal Justice Section

    Founded in 1920, the Criminal Justice Section of the American Bar Association has over 20,000 members including prosecutors, private defense counsel, appellate and trial judges, law professors, correctional and law enforcement personnel, law students, public defenders, and other criminal justice professionals. With its diverse, multi-disciplinary membership, the Criminal Justice Section is uniquely situated to address the pressing issues facing today's criminal justice system.

  • FBI - Uniform Crime Reporting (UCR) Program - Murder and Nonnegligent Manslaughter

    The Uniform Crime Reporting (UCR) Program defines murder and nonnegligent manslaughter as the willful (nonnegligent) killing of one human being by another. The classification of this offense is based solely on police investigation as opposed to the determination of a court, medical examiner, coroner, jury, or other judicial body. The UCR Program does not include the following situations in this offense classification: deaths caused by negligence, suicide, or accident; justifiable homicides; and attempts to murder or assaults to murder, which are scored as aggravated assaults.

  • Manslaughter - Definition

    Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The law generally differentiates between levels of criminal culpability based on the mens rea, or state of mind. This is particularly true within the law of homicide, where murder requires either the intent to kill, a state of mind called malice, or malice aforethought, which may involve an unintentional killing but with a wilful disregard for life. Manslaughter is usually broken down into two distinct categories: voluntary manslaughter and involuntary manslaughter.

  • US Code - Manslaughter

    Manslaughter is the unlawful killing of a human being without malice. It is of two kinds: Voluntary—Upon a sudden quarrel or heat of passion. Involuntary—In the commission of an unlawful act not amounting to a felony, or in the commission in an unlawful manner, or without due caution and circumspection, of a lawful act which might produce death.

  • Voluntary Manslaughter vs Involuntary Manslaughter - Overview

    At Common Law, as well as under current statutes, the offense can be either voluntary or involuntary manslaughter. The main difference between the two is that voluntary manslaughter requires an intent to kill or cause serious bodily harm while involuntary manslaughter does not. Premeditation or deliberation, however, are elements of murder and not of manslaughter. Some states have abandoned the use of adjectives to describe different forms of the offense and, instead, simply divide the offense into varying degrees.

Organizations Related to Manslaughter Law

  • Victim's Law - About Victims' Rights

    Thirty years ago, victims had few legal rights to be informed, present and heard within the criminal justice system. Victims did not have to be notified of court proceedings or of the arrest or release of the defendant, they had no right to attend the trial or other proceedings, and they had no right to make a statement to the court at sentencing or at other hearings. Moreover, victim assistance programs were virtually non-existent. Since then, there have been tremendous strides in the creation of legal rights and assistance programs for victims of crime. Today, every state has an extensive body of basic rights and protections for victims of crime within its statutory code. Victims' rights statutes have significantly influenced the manner in which victims are treated within the federal, state, and local criminal justice systems.

Publications Related to Manslaughter Law

Articles on HG.org Related to Manslaughter Law

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    Homicide is the taking of a human life. Every state in the US has its own unique classifications of homicide, but these classifications generally fall into three general categories. Those general categories are murder, manslaughter, and justifiable homicide.
  • Thirteen New Crime-Related Laws to Know for 2013
    This article’s focus is narrower. The following new laws affect criminal liability, as they are additions to the Penal Code and involve criminal liability, meaning jail, prison, fines, seizure or forfeiture of assets. The laws are referred to by the AB or SB number, or Assembly Bill and Senate Bill number, respectively. Their statutory reference in the Penal Code will be established shortly, but are not at this time.
  • Marijuana Grower’s Conviction for Voluntary Manslaughter Upheld from Killing Thief of His Crop
    The issue here for PD was whether he followed a continuing course of conduct, allowing the court to punish him for multiple, separate, distinguishable acts so that § 654 was not violated. The California Supreme Court in Neal v. State of California (1960) 55 Cal. 2d. 11, first allowed such an approach, which the Fresno judge obviously followed by adding a twenty-five year term to the three year term, although the two sentences were to be served concurrently.
  • Self Defense and Stand Your Ground laws
    The Trayvon Martin case in Florida has received national attention on the Stand Your Ground law and now many states that have the Stand Your Ground law in place are looking at their current legislation regarding the Stand Your Ground law. However, the Stand Your Ground law has a rational basis and dates years back. This is a discussion on investigating self defense cases under the Stand Your Ground statutes.
  • Involuntary Manslaughter Conviction Upheld for Injury from Eight Years Earlier
    Jose Moncada was caring for his then three month old son, Joseph. Joseph was fussy and Jose became frustrated from the crying.
  • Safety or Profit? Red-Light Cameras in Florida
    Increasing the length of a yellow light, along with an "all stop" cycle, would do more to increase safety at intersections than red light cameras do. In March 2012, Pascoe County Judge Anne Wansboro ruled in favor of Thomas Filippone, who, after having travelled through an intersection that was equipped with a red-light camera, received a $158 traffic ticket in the mail.
  • Supreme Court Opinion Raises Bar for Criminal Defense Attorneys
    In mid March of 2012, the Supreme Court of the United States approved a request for a new trial for a Michigan man who claimed that his lawyer had been giving him bad advice. The Cooper case highlights one of the most important aspects that both lawyers and the general public should take into account when it comes to cases of criminal defense.
  • Vehicular Manslaughter and Criminal Charges that Criminal Defense Lawyers Can Fight
    Vehicular manslaughter is one of the most serious criminal charges you can face for a traffic-related violation, and it is most commonly seen in conjunction with charges like reckless driving or driving under the influence. If you or someone you know has been arrested for and charged with this type of crime in Fort Lauderdale, reach out to a team of criminal defense lawyers immediately.
  • Fifth Amendment Rights Violated When DA Points to Silence as Evidence of Guilt
    In early 2007, Richard Tom, while speeding and running a red light, broadsided Lorraine Wong’s vehicle. The impact tragically killed Wong’s eight year old daughter. After holding Tom at the scene for about ninety minutes, during which time he remained silent except to ask if he could walk home, Redwood City Police Officers transported him to the police station.
  • Explaining the Difference between Murder and Manslaughter
    While both are arguably the most severe criminal charge that you could ever find yourself facing, it is important to note that these are two distinct charges – with different definitions. In the below article, the authors discuss each charge, as well as what makes each one different.
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