Involuntary Manslaughter

1342 WordsApr 22, 20126 Pages
Principles of Manslaughter Manslaughter seems to be the most flexible and elusive type of homicide as far as the court system goes. The law has gradually made successful differentiations and weeding out about how it recognizes murder on the one hand, based mainly, though not exclusively, on an intention to kill. Manslaughter on the other hand, based mainly, though not exclusively, on the absence of intention to kill. This may be because manslaughter is generally divided by lawyers into two categories, voluntary and involuntary manslaughter. The former concerns instances when the intention to kill is found, but the defendant successfully raises partial defenses such as provocation, diminished…show more content…
The former requires a duty of care and a level of negligence so foul as to fall far below the level of standards expected. Then later on the other hand takes us to the boundaries between murder and manslaughter. For someone to be convicted of murder, there needs to be an intention to kill. If therefore someone intends to claim insurance on the house or just to frighten someone, there is no intention to kill, as such they may be convicted of subjective reckless manslaughter. This is subjective as the defendant must be virtually certain that his action will cause death or grievous bodily harm, rather than a reasonable man, to be convicted of murder. Otherwise, if the defendant could not care less or appreciates the risk yet is reasonable in undertaking it, D may be found guilty of subjective reckless manslaughter. The test for this variety of manslaughter seems to be too lenient as it is questionable whether the defendant has not in principle murdered someone when death is probable, but not practically certain. The law commission warns us against an objective or more rigid test as it may lead to the conviction of someone who does not have a reasonable level of intelligence, suggesting therefore that they are being punished for having a lower level of intelligence or maturity. If a child does not have enough experience of the world to understand that gasoline is highly inflammable, therefore is not practically certain that death
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