Manslaughter (United States)
Manslaughter is a criminal offense under US criminal law that includes a variety of homicides .
Offense
Manslaughter is a criminal offense that includes unlawful homicides below the offense “ Murder ” . It comes from common law , where it occurs from the 15th century. An independent definition proves to be difficult, since the term includes practically all homicides below " Murder ". The subdivision is made into the two main groups Intentional Manslaughter ("intended killing", in German criminal law roughly comparable to manslaughter ) and Involuntary Manslaughter ("unintentional killing", in German criminal law roughly comparable to negligent homicide ). This subdivision has existed since the 18th century. In addition, there are a number of facts that form separate sub-cases of Manslaughter .
Forms of inspection
Intentional manslaughter
Intentional manslaughter (also: first degree manslaughter; manslaughter in the first degree; voluntary manslaughter ) includes the intended killing of a person. That’s what Murder does . In the case of intentional manslaughter, however, there are circumstances when the act is committed that weaken the reprehensibility of the act. This includes a provocation of the offender in a tata measured circumference or diminished criminal responsibility .
Involuntary Manslaughter
Involuntary manslaughter (also: second degree manslaughter; manslaughter in the second degree; negligent manslaughter ) is a killing that was committed without intent to kill or seriously injuring, for example while another crime was being committed or out of negligence. This does not apply to killing while another serious crime is being committed. Then it's Felony Murder .
Manslaughter with a Motor Vehicle
Manslaughter with a motor vehicle (also: manslaughter with an automobile ) is a negligent homicide while operating a car. The perpetrator must have recognized the danger, behaved recklessly or willfully and failed to take advantage of opportunities to prevent the killing. The offense was spun off from the general manslaughter for the first time in 1935.
Intoxication Manslaughter
Intoxication manslaughter occurs when an intoxicated perpetrator kills his victim while operating a vehicle or other machine. The offense was spun off from the general manslaughter for the first time in 1993.
Misdemeanor Manslaughter
Misdemeanor manslaughter is a killing resulting from the fact that a misdemeanor (such as a traffic rule violation) was committed. The offense was separated from the general offense of manslaughter for the first time in 1943.
literature
- Bryan A. Garner: Black's Law Dictionary . 10th edition St. Paul MN 2014. ISBN 978-0-314-61300-4
