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Federal- Manslaughter

Statute
18 USC 1112. Manslaughter

  1. Manslaughter is the unlawful killing of a human being without malice. It is of two kinds :
    1. Voluntary - Upon a sudden quarrel or heat of passion.
    2. 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.
  2. Within the special maritime and territorial jurisdiction of the United States, Whoever is guilty of voluntary manslaughter, shall be fined under this title or imprisoned not more than ten years, or both; Whoever is guilty of involuntary manslaughter, shall be fined under this title or imprisoned not more than six years, or both.

Jury Instruction
Voluntary Manslaughter

The Defendant can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt:

  1. That the victim named in the indictment is dead;
  2. That the Defendant caused the death of the victim, as charged;
  3. That the Defendant so acted intentionally, but without malice and in the heat of passion caused by adequate provocation; and
  4. That the killing occurred within the special maritime or territorial jurisdiction of the United States.

Manslaughter is an unlawful killing of a human being without malice, and it is voluntary when it occurs intentionally and upon a sudden quarrel or in the heat of passion. The phrase “in the heat of passion” means an emotional state that is generally provoked or induced by anger, fear, terror, or rage. In order for this provocation to be an “adequate provocation,” it must be of a kind that would naturally cause a reasonable person to temporarily lose self control and to commit the act upon impulse and without reflection but which did not justify the use of deadly force.

Involuntary Manslaughter
The Defendant can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt:

  1. That the victim named in the indictment is dead;
  2. That the Defendant caused the death of the victim, or inflicted injuries upon the victim for which the victim died, as charged;
  3. That the death of the victim occurred as a consequence of and while the Defendant was engaged in committing an unlawful act not amounting to a felony or in committing a lawful act in an unlawful manner or with wanton and reckless disregard for human life;
  4. That the Defendant knew that his or her conduct was a threat to the lives of others or had knowledge of such circumstances as could have enabled him or her to reasonably foresee the peril to which his or her act might subject others; and
  5. That the killing occurred within the special maritime or territorial jurisdiction of the United States.

Manslaughter is an unlawful killing of a human being without malice and it is involuntary if it was not done intentionally, but occurs in the commission of an unlawful act not amounting to a felony, or in the commission of a lawful act in an unlawful manner or without due caution and circumspection of a lawful action which might produce death. In order to establish the offense of involuntary manslaughter the Government need not prove that the Defendant specifically intended to cause the death of the victim, but it must prove more than mere negligence or a failure to use reasonable care by the Defendant; it must instead prove gross negligence amounting to “wanton and reckless disregard for human life.”