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Manslaughter, sometimes called criminally negligent homicide, is a kind of homicide wherein a person causes the death of another through negligence or recklessness (not recognized in Australia) or where a person intentionally kills another but is not liable for murder because he is able to avail himself of a defense, such as insanity or diminished capacity.
Voluntary vs. Involuntary
In the United States, manslaughter is often broken into two categories: involuntary manslaughter and voluntary manslaughter. Voluntary manslaughter requires intent, but is mitigated by the fact that the killer was subjected to adequate provocation to drive an ordinary person to kill. Instances of adequate provocation may include things such as unexpectedly finding a spouse in the arms of their lover.
Involuntary manslaughter (which includes negligent manslaughter) is the crime that results from a death that occurs despite a lack of intent to kill. British and American criminal law differentiates between various crimes based on mens rea (criminal intent), and involuntary manslaughter is generally associated with a level of negligent mens rea. While specifics of negligence may vary from one jurisdiction to another, it is generally defined as failure to exercise a reasonable level of precaution given the circumstances. Recklessness is defined as a wanton disregard for the dangers of a particular situation.
Misdemeanor manslaughter
Misdemeanor manslaughter is a category recognized in some jurisdictions, which is like a lesser version of felony murder. In such jurisdictions, a person who causes the death of another while committing a misdemeanor - a violation of the law that does not rise to the level of a felony - may automatically be criminally liable for the death, if the misdemeanor involved a law designed to protect human life. Many safety laws are strict liability, meaning that a person can be convicted regardless of mens rea. Vehicular manslaughter is a kind of misdemeanor manslaughter, which holds persons liable for any death that occurs because of a violation of traffic safety laws.
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