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manslaughter :: legal definition


Manslaughter - n. the unlawful killing of another person without premeditation or so-called "malice aforethought" (an evil intent prior to the killing). It is distinguished from murder (which brings greater penalties) by lack of any prior intention to kill anyone or create a deadly situation. There are two levels of manslaughter: voluntary and involuntary. Voluntary manslaughter includes killing in heat of passion or while committing a felony. Involuntary manslaughter occurs when a death is caused by a violation of a non-felony, such as reckless driving (called "vehicular manslaughter"). Examples: Eddy Hothead gets into a drunken argument in a saloon with his acquaintance Bob Bonehead, and Hothead hits Bonehead over the head with a beer bottle, causing internal bleeding and death. Brent Burgle sneaks into a warehouse intent on theft and is surprised by a security man, whom Burgle knocks down a flight of stairs, killing him. Both are voluntary manslaughter. However, if either man had used a gun, a murder charge is most likely since he brought a deadly weapon to use in the crime. The immediate rage in finding a loved one in bed with another followed by a killing before the passion cools usually limits the charge to voluntary manslaughter and not murder, but prior attacks could convince a District Attorney and a jury that the killing was not totally spontaneous. Lenny Leadfoot drives 70 miles per hour on a twisting mountain road, goes off a cliff and his passenger is killed in the crash. Leadfoot can be charged with involuntary manslaughter.

See also: homicide murder and Related Law Terms ↓


Related Law Terms

capital offense :: n. any criminal charge which is punishable by the ... . See also: bail capital punishment
cause of action :: n. the basis of a lawsuit founded on legal grounds ... property. See also: element lawsuit
comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence
crime of passion :: n. a defendant's excuse for committing a crime due ... dant. See also: manslaughter murder
dangerous weapon :: n. any gun, knife, sword, crossbow, slingshot or o ... igence and possibly win a judgment.
felony murder doctrine :: n. a rule of criminal statutes that any death whic ... arged with murder. See also: murder
first degree murder :: n. although it varies from state to state, it is g ... aughter murder second degree murder
gravamen :: n. Latin for "to weigh down," the basic gist of ev ... o: cause of action charge complaint
heat of passion :: n. in a criminal case, when the accused was in an ... oing. See also: manslaughter murder
homicide :: n. the killing of a human being due to the act or ... aughter murder self-defense suicide
implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied
indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing
inquest :: n. 1) an investigation and/or a hearing held by th ... surrogate judge. See also: coroner
interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing
intoxication :: n. 1) the condition of being drunk as the result o ... r. See also: vehicular manslaughter
malice :: n. a conscious, intentional wrongdoing either of a ... cution murder public figure slander
murder :: n. the killing of a human being by a sane person, ... premeditation second degree murder
negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort
no contest :: n. in criminal law, a defendant's plea in court th ... : nolo contendere plea plea bargain
nuisance :: n. the unreasonable, unwarranted and/or unlawful u ... evening). See also: public nuisance
roadside test :: n. a preliminary test law enforcement officers use ... g while intoxicated Miranda warning
second degree murder :: n. a non-premeditated killing, resulting from an a ... t degree murder manslaughter murder
special circumstances :: n. in criminal cases, particularly homicides, acti ... urant. See also: capital punishment
suicide :: n. the intentional killing of oneself. Ironically, ... e manslaughter second degree murder
temporary insanity :: n. in a criminal prosecution, a defense by the acc ... diminished capacity insanity intent
transferred intent :: n. in both criminal and tort (civil wrong) law, wh ... hit upon Truehart. See also: intent
vehicular manslaughter :: n. the crime of causing the death of a human being ... gence manslaughter reckless driving
wet reckless :: n. a plea to a charge of reckless driving which wa ... conviction. See also: plea bargain
wiretap :: n. using an electronic device to listen in on tele ... invasion of privacy probable cause

Popular Law Searches

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forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
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sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - M

M. O. :: n. slang for modus operandi, the way or pattern in ... her crime. See also: modus operandi
magistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing
Magna Carta :: n. Latin for "Great Charter," it was a document de ... s. It is also spelled Magna Charta.
mail box rule :: n. in contract law, making a written offer or acce ... nse in hand when the time runs out.
maim :: v. to inflict a serious bodily injury, including m ... to a prison term. See also: mayhem
majority :: n. 1) the age when a person can exercise all norma ... t. See also: child infancy minority
make :: v. 1) to create something. 2) to sign a check, pro ... xchange check maker promissory note
make one whole :: v. to pay or award damages sufficient to put the p ... fault of another. See also: damages
maker :: n. 1) the person who signs a check or promissory n ... : check payee payor promissory note
malfeasance :: n. intentionally doing something either legally or ... sponsibility. See also: misfeasance
malice :: n. a conscious, intentional wrongdoing either of a ... cution murder public figure slander
malice aforethought :: n. 1) the conscious intent to cause death or great ... : first degree murder malice murder
malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice
malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions
malum in se :: (mal-uhm in say) adv. Latin referring to an act th ... hibitum. See also: malum prohibitum
malum prohibitum :: (mal-uhm prohibit-uhm) adj. Latin meaning "wrong d ... lso: malum in se white collar crime
mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate
mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate
mandatory :: adj., adv. absolutely demanded or required. ... v. absolutely demanded or required.
mandatory joinder :: n. the required inclusion of a party in a lawsuit ... sues in the case. See also: joinder