What is Manslaughter?
Manslaughter is the term used to describe the act of killing a person. It is the criminal killing of a person who has no malice or malicious intent. Manslaughter is thus committed without malice. Manslaughter, on the other hand, can also be defined as homicide but without the intent to kill, and will therefore typically result in at least some jail time.
Types of Manslaughter:-
The charge of manslaughter is less serious than a charge of murder because there is no intent to kill involved. The two basic types of manslaughter are voluntary and involuntary, and both carry different prison sentences.
Involuntary manslaughter refers to the intended death of a person who nevertheless died as a result of someone else’s carelessness, negligence, or criminal action. Examples of involuntary manslaughter include shooting someone while they are dead, texting while driving, etc.
Jail term for Involuntary Manslaughter:-
If the manslaughter was committed voluntarily, the punishment might be increased to as long as 11 years from the standard or base range of 10 to 16 months. All those killings carried out in an act of carelessness may fall under the category of voluntary manslaughter.
Examples of the Penalties and Sentencing for Involuntary Manslaughter
The sentences given to former California police officer Johannes Mehserle and Tommy Morgan, a member of the Navajo Nation in New Mexico, serve as two examples of how state and federal trials differ from one another.
In 2010, Mehserle was found guilty of involuntary manslaughter in a state court after fatally shooting an unarmed man while inadvertently pulling out his pistol rather than his stun gun. When he was found guilty, he was given a two-year prison term. A two- to four-year term was mandatory under California’s sentencing standards.
Defences under Involuntary Manslaughter:
A defendant cannot raise the defence that he did not intend to commit the crime because the law does not require proof of purpose in the case of involuntary manslaughter. However, a defendant may contend that his actions fell short of the standard of carelessness required to qualify as criminal negligence. This can involve making the case that the murder was actually an accident and not the result of the defendant’s irresponsible acts.
Particular Maritime Penalties
Because federal law controls certain areas of maritime law and crimes committed at sea, it also establishes punishments for involuntary manslaughter in these situations. Federal legislation stipulates that eight years in prison and fines are the maximum punishment for involuntary manslaughter.
The existence or absence of the intention to murder another person will determine how long a person is sentenced for manslaughter. Depending on whether the accused is found guilty or not of the crime of manslaughter, each manslaughter charge may result in a different punishment.
The two types of manslaughter are mostly intentional and accidental. Manslaughter that occurs when the perpetrator does not intend for the victim to die is seen as involuntary because it results in an unintentional death.