Homicide - Misdemeanor manslaughter

Learning Outcomes

After reading this article, you will be able to explain the misdemeanor-manslaughter rule, identify when a death caused during a misdemeanor qualifies as involuntary manslaughter, distinguish it from felony murder, and apply the correct causation and foreseeability principles to MBE-style questions. You will also recognize common exam traps and confidently answer questions on this subtopic.

MBE Syllabus

For MBE, you are required to understand how homicide liability can arise from the commission of a misdemeanor. This includes:

  • The definition and scope of the misdemeanor-manslaughter rule.
  • The distinction between felony murder and misdemeanor manslaughter.
  • The requirements for causation and foreseeability.
  • The types of misdemeanors that can trigger liability.
  • The limitations and exceptions to the rule.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

  1. Which of the following best describes the misdemeanor-manslaughter rule?
    1. Any death caused during the commission of a felony is murder.
    2. Any death caused during the commission of a misdemeanor is involuntary manslaughter.
    3. Any death caused by criminal negligence is voluntary manslaughter.
    4. Any death caused during a misdemeanor is always murder.
  2. A defendant commits a non-dangerous misdemeanor, and during the act, a bystander dies in an unforeseeable way. Is the defendant guilty of involuntary manslaughter under the misdemeanor-manslaughter rule?
    1. Yes, always.
    2. No, because the death was not foreseeable.
    3. Yes, if the misdemeanor was malum prohibitum.
    4. No, because only felonies qualify.
  3. The misdemeanor-manslaughter rule generally does NOT apply if:
    1. The misdemeanor is malum in se.
    2. The death is a foreseeable result of the misdemeanor.
    3. The death is caused by a dangerous misdemeanor.
    4. The death is wholly unforeseeable and accidental.

Introduction

The misdemeanor-manslaughter rule is a doctrine in criminal law that imposes liability for homicide when a death results from the commission of a misdemeanor or a non-felonious unlawful act. This rule is tested on the MBE as a specific form of involuntary manslaughter, distinct from felony murder. Understanding its scope, limitations, and application is essential for answering homicide questions accurately.

The Misdemeanor-Manslaughter Rule

The misdemeanor-manslaughter rule holds that if a person causes the death of another during the commission or attempted commission of a misdemeanor, they may be guilty of involuntary manslaughter, even if the death was unintentional.

Key Term: Misdemeanor-Manslaughter Rule The principle that an unintentional killing during the commission of a misdemeanor or non-felonious unlawful act can constitute involuntary manslaughter.

Elements and Scope

To apply the rule, the following must be established:

  1. The defendant was committing a misdemeanor or a non-felonious unlawful act.
  2. The act caused the death of another person.
  3. The death was a foreseeable result of the unlawful act.

Not all misdemeanors qualify. Most jurisdictions require that the misdemeanor be malum in se (wrongful in itself, such as assault or battery), or that the death be a foreseeable or natural consequence of the act. If the misdemeanor is malum prohibitum (wrong only because it is prohibited by statute, such as a regulatory violation), most courts require that the death be foreseeable.

Key Term: Malum in Se A crime that is inherently wrong or evil, such as assault or battery.

Key Term: Malum Prohibitum A crime that is wrong only because it is prohibited by statute, not because it is inherently evil.

Causation and Foreseeability

Causation is critical. The defendant's act must be both the actual and proximate cause of death. If the death is a highly unusual or unforeseeable result, the misdemeanor-manslaughter rule does not apply.

Key Term: Foreseeability (in Misdemeanor Manslaughter) The requirement that the death be a natural and probable consequence of the defendant's unlawful act.

Distinguishing from Felony Murder

Felony murder applies to deaths caused during the commission of certain felonies and results in murder liability. Misdemeanor manslaughter, by contrast, applies to deaths caused during misdemeanors or non-felonious unlawful acts and results in involuntary manslaughter.

Key Term: Felony Murder The rule that a death caused during the commission or attempted commission of a qualifying felony is murder, regardless of intent.

Worked Example 1.1

A defendant is driving without a valid license (a misdemeanor). While driving, he negligently strikes and kills a pedestrian. Is the defendant guilty of involuntary manslaughter under the misdemeanor-manslaughter rule?

Answer: Yes, if the jurisdiction applies the rule to malum prohibitum misdemeanors and the death was a foreseeable result of the unlawful driving.

Worked Example 1.2

A shopkeeper commits the misdemeanor of selling alcohol to a minor. The minor later dies from alcohol poisoning. Is the shopkeeper guilty of involuntary manslaughter?

Answer: Possibly, if the jurisdiction requires foreseeability and it was foreseeable that selling alcohol to a minor could result in death.

Exam Warning

The misdemeanor-manslaughter rule does not convert every accidental death during a misdemeanor into manslaughter. If the death is wholly unforeseeable or the act is a minor regulatory violation, most courts will not impose liability.

Revision Tip

On the MBE, always check if the misdemeanor is malum in se or malum prohibitum, and whether the death was a foreseeable result of the act.

Key Point Checklist

This article has covered the following key knowledge points:

  • The misdemeanor-manslaughter rule imposes involuntary manslaughter liability for deaths caused during misdemeanors or non-felonious unlawful acts.
  • Most jurisdictions require the misdemeanor to be malum in se or the death to be a foreseeable result.
  • The rule does not apply if the death is highly unforeseeable or the act is a minor regulatory offense.
  • Causation and foreseeability are essential for liability.
  • The rule is distinct from felony murder, which applies to deaths during felonies.

Key Terms and Concepts

  • Misdemeanor-Manslaughter Rule
  • Malum in Se
  • Malum Prohibitum
  • Foreseeability (in Misdemeanor Manslaughter)
  • Felony Murder
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