Essays On Involuntary Manslaughter

Voluntary manslaughter refers to a situation where the defendant committed an unlawful homicide with criminal intent or malice aforethought, while involuntary manslaughter refers to a scenario where a defendant has committed an unlawful homicide but without the requisite criminal intent.

Instead of malice, the intent required for involuntary manslaughter is either recklessness or criminal negligence.

Mary’s PTSD would have be part of the explanation of why she acted in the way she did, and killed Peter.

PTSD can be triggered by sights, sounds and feelings they experience, for example being shouted at by Peter.

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In fact, criminal negligence can be very fact-specific, because the carelessness or incompetence of a defendant may depend largely upon that defendant's personal background.

For example, professionals are held to a different standard than non-professionals.

In order to prove involuntary act manslaugher, the prosecution must prove that there was a duty of care, that the duty was breached, that the breach caused the death of the victim and that the defendant’s conduct was grossly negligent and warrants criminal charges.

Whether or not the breach was serious depends on the level of negligence and how far the defendant departed from accepted standards.

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