Vehicle Manslaughter Attorneys - Manslaughter
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Manslaughter: Manslaughter is sometimes loosely defined as the unlawful killing of another without malice aforethought. It is generally divided into two branches: voluntary manslaughter and involuntary manslaughter. In some jurisdictions, manslaughter, like murder, is divided into degrees so that what one state calls voluntary manslaughter another calls first-degree manslaughter.
Voluntary Manslaughter: Voluntary manslaughter generally involves an intentional killing of a human being by an enraged person under circumstances that would cause a reasonable person to become uncontrollably angry. For example, an intentional killing might be considered voluntary manslaughter (rather than murder) if it is committed in the heat of passion caused by adequate provocation. A common provocation is the discovery of the killer's spouse in the act of having sex with another. If the provocation would arouse extreme rage in a reasonable person, but the killer was not, in fact, enraged when the killing occurred, the killer is guilty of murder rather than voluntary manslaughter.
Involuntary Manslaughter: Generally deemed a less serious crime than voluntary manslaughter, involuntary manslaughter involves unintended killings that do, however, involve some degree of fault. Reckless manslaughter, a counterpart of depraved-heart murder, exists when a person acts in a reckless or wanton manner and thereby causes the death of another person. Accidentally hitting and killing a pedestrian while driving a car recklessly or accidentally shooting someone to death while carelessly handling a revolver are examples of this type of involuntary manslaughter. Misdemeanor manslaughter, a counterpart of felony murder, exists when death occurs during the commission of a misdemeanor-such as when a person runs a red light, hitting and killing a pedestrian crossing the street.
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A "crime" is any act or omission (of an act) in violation of a public law forbidding or commanding it. Crimes include both felonies (more serious offenses -- like murder or rape) and misdemeanors (like petty theft, or jaywalking). No act is a crime if it has not been previously established as such either by statute or common law.
Historically, most crimes have been established by state law, with laws varying significantly state to state. There is, however, a Model Penal Code (MPC) which serves as a good starting place to gain an understanding of the basic structure of criminal liability.
In recent years the list of Federal crimes has grown.
All statutes describing criminal behavior can be broken down into its various elements. Most crimes (with the exception of strict-liability crimes) consist of two elements: an act, or "actus reus" and a mental state, or "mens rea." Prosecutors have to prove each and every element of the crime to yield a conviction.
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