Homicide - Unintended killings

Learning Outcomes

After reading this article, you will be able to identify and distinguish the main types of homicide involving unintended killings, including involuntary manslaughter and felony murder. You will understand the required mental states, key legal definitions, and how to apply these principles to MBE-style questions, especially where intent to kill is absent.

MBE Syllabus

For MBE, you are required to understand the legal framework for homicide where death results without intent to kill. This includes:

  • The distinction between murder and manslaughter when intent is lacking.
  • The elements and mental state for involuntary manslaughter.
  • The doctrine of felony murder and its application to unintended deaths.
  • The role of recklessness, criminal negligence, and unlawful acts in unintended homicides.
  • The difference between voluntary and involuntary manslaughter.

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 is most likely involuntary manslaughter?
    1. A person intentionally poisons a rival.
    2. A driver falls asleep at the wheel and causes a fatal crash.
    3. A person shoots into a crowd intending to scare but kills someone.
    4. A person kills in the heat of passion after provocation.
  2. Under the felony murder rule, which is required?
    1. The defendant must intend to kill.
    2. The death must occur during the commission or attempted commission of a felony.
    3. The felony must be a misdemeanor.
    4. The victim must be a co-felon.
  3. Which mental state is sufficient for involuntary manslaughter?
    1. Purposeful intent to kill.
    2. Recklessness or criminal negligence.
    3. Premeditation.
    4. Malice aforethought.

Introduction

Homicide law covers a range of scenarios where one person causes the death of another. Not all homicides require an intent to kill. The MBE tests your ability to distinguish between murder, voluntary manslaughter, involuntary manslaughter, and felony murder, especially when the killing was unintended. Understanding the mental state and circumstances that convert an accidental or reckless act into a criminal homicide is essential for the exam.

Types of Homicide Without Intent to Kill

Homicide is generally divided into murder and manslaughter. Murder typically requires malice aforethought, but the law also recognizes situations where a killing is treated as murder even if the defendant did not intend to kill. Manslaughter, on the other hand, covers killings that are less blameworthy, including those that are unintentional.

Involuntary Manslaughter

Involuntary manslaughter is the unlawful killing of another human being without intent to kill, usually resulting from recklessness, criminal negligence, or during the commission of an unlawful act not amounting to a felony.

Key Term: Involuntary Manslaughter The unintentional killing of another caused by reckless or criminally negligent conduct, or during the commission of a non-felony unlawful act.

Felony Murder

Felony murder is a doctrine that elevates certain unintended killings to murder if they occur during the commission or attempted commission of a felony.

Key Term: Felony Murder A rule holding a defendant strictly liable for any death that occurs during the commission or attempted commission of a qualifying felony, regardless of intent to kill.

Recklessness and Criminal Negligence

Recklessness involves conscious disregard of a substantial and unjustifiable risk of death. Criminal negligence is a gross deviation from the standard of care that a reasonable person would exercise, resulting in death.

Key Term: Recklessness A mental state where the defendant is aware of and disregards a substantial risk that death will result from their conduct.

Key Term: Criminal Negligence A gross deviation from reasonable care, creating a substantial risk of death, which the defendant fails to perceive but should have.

Worked Example 1.1

A construction supervisor ignores repeated warnings about a loose scaffolding. The scaffolding collapses, killing a worker. What is the most likely charge?

Answer: Involuntary manslaughter. The supervisor's disregard of known risks is reckless or criminally negligent conduct causing death, without intent to kill.

Worked Example 1.2

During a bank robbery, an accomplice accidentally shoots and kills a security guard. The robber did not intend for anyone to die. Is the robber guilty of murder?

Answer: Yes, under the felony murder rule. The death occurred during the commission of a felony (robbery), so intent to kill is not required.

Exam Warning

On the MBE, do not confuse voluntary manslaughter (intentional killing in the heat of passion) with involuntary manslaughter (unintentional killing due to recklessness or criminal negligence).

Revision Tip

If the fact pattern involves a death during a felony, always consider felony murder, even if the killing was accidental.

Summary

Unintended killings can result in criminal liability for murder or manslaughter, depending on the mental state and circumstances. Involuntary manslaughter covers reckless or criminally negligent killings, while felony murder applies strict liability for deaths during certain felonies, regardless of intent.

Key Point Checklist

This article has covered the following key knowledge points:

  • Involuntary manslaughter is an unintentional killing caused by recklessness, criminal negligence, or during a non-felony unlawful act.
  • Felony murder holds a defendant strictly liable for any death during the commission or attempted commission of a felony, even if unintended.
  • Recklessness and criminal negligence are mental states sufficient for involuntary manslaughter.
  • Voluntary manslaughter requires intent to kill; involuntary manslaughter does not.
  • The MBE tests your ability to distinguish between murder, voluntary manslaughter, involuntary manslaughter, and felony murder based on facts and mental state.

Key Terms and Concepts

  • Involuntary Manslaughter
  • Felony Murder
  • Recklessness
  • Criminal Negligence
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