Describe the elements of involuntary manslaughter

Question

What will be an ideal response?

Answer 1

• This is an unintentional killing, generally committed during an unlawful act not covered by the felony murder rule or through culpable negligence. For example, a father who got into a fight with another father during their sons' hockey practice was convicted of involuntary homicide after beating the victim to death during the altercation. The unlawful act must be wrong in itself (malum in se) and the unlawful act and the death must be causally connected.
• Where involuntary homicide is charged through culpable negligence, the negligence must go beyond simple or ordinary lack of care and be so extreme as to be considered culpable or criminal. For example, depriving a child of obviously needed emergency medical treatment due to religious scruples may be involuntary manslaughter by culpable negligence. Another example would be intentionally failing to obtain assistance for a houseguest who has overdosed on narcotics.