subject: An Explanation Of Manslaughter - Understanding This Criminal Charge [print this page] Murder may be charged under first and second degree, but it is not viewed as more or less serious whatever the charges. Manslaughter is not a lesser charge of murder, but an entirely different crime all together.
The defining factor in a murder charge is malice aforethought which generally means that the killing was intentional or resulted from recklessness that was murderous in its effect.
Manslaughter on the other hand, while causing the death of another human being, is a charge that recognizes there was no intention of bringing about death.
Though it is not considered as serious a criminal offense as murder it is not considered a justifiable or excusable act and will still receive a strict punishment.
Manslaughter is usually viewed in two different ways: as voluntary manslaughter or involuntary manslaughter. They are distinguished by intent, voluntary manslaughter is the result of an act intending to do bodily harm. Involuntary manslaughter involves no intention to inflict harm of any kind. Murder is distinguished by a deliberate intent to cause harm that could result in death.
Many states however have eliminated the two terms of distinction, and are now charging manslaughter in degrees, rather than by intent.
For example, an individual who is driving while intoxicated is unable to recognize the potential for serious harm through their actions, and should they cause a fatal accident will more than likely face involuntary or vehicular manslaughter charges.
On the other hand a number of voluntary manslaughter cases are the result of an act of passion or even fear, where an individual is reacting and the resulting death is not planned, intended or an act of deliberate harm. For example, some states have charged an individual with voluntary manslaughter if they were in a physical fight with someone else, who then died of their injuries.
The fight would have to be proven a heat of the moment event, with adequate provocation on the part of the victim.
