What Is Involuntary Manslaughter?

What Must a Prosecutor Prove? How Does It Differ from Other Types of Homicide?

Under the criminal laws of every state, homicide can take a number of different forms, based on what the law considers to be the state of mind of the defendant at the time of the crime. All degrees of murder, as well as voluntary manslaughter, require either intent or knowledge of the potential consequences of the act. Involuntary manslaughter, though, requires neither. Let’s take a closer look at involuntary manslaughter, what the prosecution must show to obtain a conviction, and how it differs from other forms of homicide.

What Is Homicide?

Under the law, a homicide is defined as unlawfully causing the death of another person. A homicide may be charged in various ways:

• Murder—As a general rule, murder requires the intent to kill another person, with the notable exception of “felony murder.” Felony murder occurs when someone is killed during, or as the result of, the commission of a felony. A person can be convicted of felony murder even if they had no intent to kill. For example, if a person robs a bank and accidentally kills a pedestrian while fleeing the scene, they can be charged with felony murder. Murder is commonly charged in degrees—first-degree murder, second-degree murder, etc.—with first-degree murder requiring proof of premeditation (i.e., planning ahead of time how and when to kill someone).
• Voluntary manslaughter—When a defendant acts in the moment with purpose or knowledge of the consequences, but with no evidence of premeditation or deliberation (thinking about and/or planning the homicide in advance), it typically will be charged as manslaughter. Voluntary manslaughter generally involves one of two fact situations:
• Killings done in the “heat of passion,” such as jealousy or marital infidelity
• Where the killer was strongly provoked, as by taunts or verbal threats, and acted from an “irresistible impulse”
• Involuntary manslaughter—As a general rule, a person will be charged with involuntary manslaughter only if there is insufficient evidence to prove either intent or knowledge of the unlawful killing. Furthermore, an involuntary homicide charge will be brought only if the prosecutor can establish that the defendant acted with recklessness. Recklessness is generally defined as taking an action with a “substantial and unjustified” risk of killing another person—a risk of which the defendant should have been aware. For example, evidence of driving while intoxicated may be sufficient to prove recklessness. Distracted driving—looking at a screen or adjusting the stereo—likely won’t rise to the level of a “substantial and unjustified” risk.
• Negligent homicide—Some, but not all, states have statutes that allow for the prosecution of criminal negligence, typically in situations involving motor vehicle accidents. Rather than recklessness, which must be demonstrated to convict a person of involuntary manslaughter, negligent homicide requires only that the perpetrator acted “unreasonably.” Generally, most deaths caused by negligence fall outside of the scope of the criminal law. The common legal remedy, in such cases, is a wrongful death lawsuit in civil court to recover monetary compensation.