Homicide - Reckless and negligent killings

Learning Outcomes

After reading this article, you will be able to identify and distinguish between reckless and negligent killings for homicide on the MBE. You will understand the elements of involuntary manslaughter, the definitions of recklessness and criminal negligence, and how these mental states differ from intent or malice. You will be able to apply these principles to exam-style scenarios and avoid common pitfalls.

MBE Syllabus

For MBE, you are required to understand the legal standards for homicide where the defendant acts with recklessness or criminal negligence, rather than intent or malice. This article covers:

• Recognizing involuntary manslaughter as a form of homicide based on recklessness or criminal negligence.
• Distinguishing between recklessness and criminal negligence.
• Understanding the difference between involuntary manslaughter and murder.
• Identifying the required mental state for reckless or negligent killings.
• Applying the law to fact patterns involving unintentional killings.

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 mental state required for involuntary manslaughter?
   1. Purposeful intent to kill
   2. Malice aforethought
   3. Recklessness or criminal negligence
   4. Premeditation
2. A driver, texting while speeding, runs a red light and kills a pedestrian. The jurisdiction follows the Model Penal Code. What is the most serious homicide charge likely to apply?
   1. First-degree murder
   2. Voluntary manslaughter
   3. Involuntary manslaughter
   4. No homicide charge
3. Which of the following is NOT required to prove involuntary manslaughter?
   1. A death occurred
   2. The defendant acted with criminal negligence or recklessness
   3. The defendant intended to kill
   4. The defendant’s conduct caused the death

Introduction

Homicide includes not only intentional killings but also deaths caused by reckless or criminally negligent conduct. On the MBE, you must be able to distinguish involuntary manslaughter from murder and voluntary manslaughter. Involuntary manslaughter is the classic example of a homicide based on recklessness or criminal negligence, rather than intent or malice.

Reckless and Negligent Killings: Overview

Most jurisdictions recognize involuntary manslaughter as a form of homicide where the defendant causes death by acting recklessly or with criminal negligence. The key distinction is that the defendant did not intend to kill or seriously injure, but created a substantial and unjustifiable risk of death.

Key Term: Involuntary Manslaughter
Unintentional killing resulting from recklessness or criminal negligence, or during the commission of an unlawful act not amounting to a felony.

Key Term: Recklessness
Conscious disregard of a substantial and unjustifiable risk that death or serious bodily injury will result from one’s actions.

Key Term: Criminal Negligence
Gross deviation from the standard of care that a reasonable person would observe, creating a substantial risk of death, where the defendant should have been aware of the risk.

Elements of Involuntary Manslaughter

To prove involuntary manslaughter, the prosecution must show:

1. The defendant’s act or omission caused the death of another human being.
2. The defendant acted with recklessness or criminal negligence.
3. The killing was unintentional (no purpose to kill or inflict serious harm).
4. The conduct was a gross deviation from reasonable care, or involved a conscious disregard of a known risk.

Distinguishing from Murder

Murder requires malice—intent to kill, intent to inflict serious bodily harm, or extreme recklessness (depraved heart). Involuntary manslaughter involves a lower mental state: ordinary recklessness or criminal negligence, not malice.

Misdemeanor Manslaughter Rule

In some jurisdictions, a killing during the commission of a misdemeanor or a non-dangerous felony may be involuntary manslaughter if the death was a foreseeable result.

Worked Example 1.1

A parent leaves a toddler unattended in a bathtub while answering a phone call. The child drowns. The jurisdiction follows common law.

Answer: The parent may be guilty of involuntary manslaughter if the conduct is deemed criminally negligent—a gross deviation from reasonable care, creating a substantial risk of death. The parent did not intend harm, but should have been aware of the risk.

Worked Example 1.2

A construction foreman ignores repeated warnings about a faulty safety rail. An employee falls and dies. The foreman claims he did not expect anyone to fall.

Answer: The foreman’s conscious disregard of a known, substantial risk supports a finding of recklessness. He may be convicted of involuntary manslaughter.

Exam Warning

On the MBE, do not confuse recklessness with mere civil negligence. Criminal negligence requires a gross deviation from reasonable care, not just a simple mistake.

Revision Tip

If the defendant’s conduct creates a high risk of death, but the prosecution cannot prove intent or malice, consider involuntary manslaughter.

Key Point Checklist

This article has covered the following key knowledge points:

• Involuntary manslaughter is homicide based on recklessness or criminal negligence, not intent.
• Recklessness means conscious disregard of a substantial risk of death.
• Criminal negligence means a gross deviation from reasonable care, creating a substantial risk of death.
• Murder requires malice; involuntary manslaughter does not.
• The misdemeanor manslaughter rule may apply if death results from a non-felony unlawful act.
• Ordinary accidents or civil negligence are not enough for criminal liability.

Key Terms and Concepts

• Involuntary Manslaughter
• Recklessness
• Criminal Negligence