In other words, if you are being as careful as possible, and also not committing a crime (constructive involuntary manslaughter), yet someone still dies as a result of your actions either directly or indirectly, is that still considered a crime you can be charged for?
I just want to clarify: I have NOT killed anyone! LOL I'm asking for my own info because I've been wondering about it lately. Knock on wood; I pray it never happens! :)
boohoo_Jebus
It's called manslaughter.
Ant
YO\U killed someone?
NAVY_PARALEGAL
More correctly involuntary manslaughter
rickinnocal
No.
Manslaughter - voluntary or involuntary - requires a deliberate act that is either malicious or negligent. If you are not doing anything wrong, and are not negligent, then it's simply an accident, and there is no crime.
While the specifics vary by jurisdiction, voluntary manslaughter is performing a criminal act that is likely to result in a death or serious injury, and which does, in fact, result in that death.
If I decide to kick you in the crotch as a joke, that is a criminal act, and is likely to result in serious injury. If, when I kick you, you fall over, hit your head and die, I am guilty of voluntary manslaughter.
In involuntary manslaughter, there is no intent to cause death or harm, but there is gross negligence, or callous indifference as to whether it will cause such death or harm.
Richard
Gus
If you were not legally negligent, and you were not committing a crime, it is not manslaughter.
It really isn't a crime at all. I mean, let's say you're driving down the road, sober as it gets...not speeding...not talking on your phone, generally being a good driver...and someone runs into the street and you kill em. That's the scenario you're describing.
And it is not an action that can be prosecuted under any statute. Also, it is entirely unlikely that anyone would be able to win a civil suit against you in such a situation.
If you were criminally negligent, that'd be another thing. But this isn't really the case in what you're describing.
Chris
Negligence is a legal term of art. It means that someone did not have subjective (personal) awareness that a threat or danger existed. In order to be the basis for criminal liability, the danger must be so obvious that any reasonable person would be aware of the danger.
Recklessness occurs when a person is aware of the danger but disregards the danger and someone is harmed as a result (speeding down the a city street 30 mph over the limit is reckless behavior because you are aware of the higher risk of hitting someone but chose to continue).
You cannot be "indirectly" charged. Due process requires you to have an opportunity to defend yourself.
If you are being as careful as possible and you are doing something legal (no idea what constructive involuntary manslaughter is), you will not be charged with anything. This would be like asking if, while ice skating responsibly, you fell and someone was killed by the blade on your foot, you could be charged. The answer would simply be no, accidents happen and the law recognizes that.
Kat
You mean involuntary manslaughter. Yes, it is a crime one can be charged with. Circumstances and intent are taken into consideration however, so each situation would vary.
Orignal From: To law enforcement: if kill somebody accidentally w/o negligence or crime, is that a crime?
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