Manslaughter in California Courts
The crime with the heavy-metal band-from-the-80's feel to it - Manslaughter, has been on my mind. It has been getting some notoriety in downtown Los Angeles in The Conrad Murray - Michael Jackson doctor case, and will be featured alongside second degree murder in Orange County in the Fullerton Police Beating Case.
Definition: The unlawful killing of a human being without malice is manslaughter. There are 3 types of manslaughter: voluntary, involuntary, and vehicular manslaughter.
Voluntary
When the killing of a human being is with the intent to kill or with conscious disregard for human life, but is the result of a sudden quarrel or the heat of passion, or in imperfect self-defense or imperfect defense of others, it is voluntary manslaughter. In California, evidence can be acts with either the intent to kill or with a conscious disregard for human life, and additionally acts on adequate provocation that leads to a sudden quarrel or the heat of passion.
Involuntary
When the killing is without malice and is committed while doing an unlawful act not amounting to a felony or a lawful act with criminal negligence it is involuntary manslaughter. The act is done with criminal negligence if done without due caution and circumspection.
Vehicular Manslaughter
In the case of vehicular manslaughter, either gross or ordinary negligence is sufficient to establish the crime.
Dr. Murray is on trial for involuntary manslaughter. California law says a person who unlawfully engages in a course of action that is not dangerous to human life or safety and performs that act with due caution and circumspection is not guilty of an unlawful killing.
In California, the crucial factor that distinguishes murder from manslaughter is the unlawful killing of a human being is done without malice.
Voluntary intoxication may be shown to (1) negate the element of express malice in a murder prosecution, (2) reduce the offense from first degree murder to second degree murder if implied malice is shown by District Attorney, or (3) reduce the offense to involuntary manslaughter if the District Attorney fails to show evidence of implied malice.
Mental disease, defect, or disorder also may be shown to negate the element of malice in a murder prosecution or to reduce the offense to involuntary manslaughter.
If you need legal assistance with manslaughter in California, contact the criminal lawyers with over 80 years of combined experience.