What’s the Difference Between Involuntary and Voluntary Manslaughter?
When it comes to criminal charges, manslaughter is a serious offense that refers to the unlawful killing of another person. However, there are different types of manslaughter, including involuntary manslaughter and voluntary manslaughter. To understand the difference between the two, it’s essential to first understand the criteria that define each type of manslaughter.
Involuntary Manslaughter
Definition:
Involuntary manslaughter is a killing that occurs when someone else’s reckless or negligent conduct causes the death, whether or not the person acting recklessly or negligently intended to harm anyone (See: Criminal law, Statutes and Treatises). In simple terms, involuntary manslaughter refers to an accidental killing where the person who committed the act did not intend to harm anyone, but nonetheless caused death due to a reckless or negligent action or omission.
Types:
Involuntary manslaughter can be further divided into two categories:
- Reckless manslaughter: where the defendant acted with disregard for human life and conducted themselves in a way that was a significant departure from the standard of care and conduct expected of a responsible person (See: People v. Kelly).
- Negligent manslaughter: where the defendant failed to act in a way that would have kept the person alive, showing a clear breach of his or her duty to be careful and take reasonable actions to avoid causing harm to others (See: State v. Martin).
Example:
For example, let’s say a person is distracted while driving and accidentally strikes and kills a pedestrian crossing the street. In this scenario, the driver acted recklessly and negligently, leading to the killing of the pedestrian. Here, the driver did not intend to harm anyone and did not act with intent to cause harm, which is a crucial factor differentiating involuntary manslaughter from voluntary manslaughter.
Voluntary Manslaughter
Definition:
Voluntary manslaughter, on the other hand, is a killing committed in the heat of passion or on the spur of the moment, and for a reason that would initially justify homicide (Criminal Law, 1985). In layman’s terms, voluntary manslaughter occurs when a person kills someone in a state of extreme emotional disturbance, like anger or fear, during a quarrel or some other altercation. ([1]) This type of manslaughter is characterized by mens rea (guilty mind), where the individual intentionally and purposefully carries out the killing ([2]).
Types:
Voluntary manslaughter also has subcategories:
- Heat-of-passion voluntary manslaughter: where the individual kills someone in the "heat of passion" with a motive of retaliation against the person or for justifying reasons, as was the case in Peo. v. Mitchell (1998).
- Extreme-mitigation voluntary manslaughter: where the defendant commits homicide under the influence of a severe emotional disturbance or intense fury, making them incapable of forming a premeditated plan to commit the offense ([3]), as illustrated in Reese v. State, 1977.
Example:
Going back to our example in the section on involuntary manslaughter, let’s say during the quarrel between two individuals, one of the parties loses their temper, and in the heat of passion, strikes and kills the other. Here, the perpetrator intentionally killed, driven by their intense rage, rather than by neglect or reckless conduct.
Key differences between involuntary and voluntary manslaughter:
Here are the essential differences between these two types of manslaughter:
| Feature | Involuntary Manslaughter | Voluntary Manslaughter |
|---|---|---|
| Intention of the killer | No intent to kill | Intention to kill (although often |
| sparked by emotional intensity) | ||
| Mindset | Focus on conduct rather than intent | Focus on intent |
| Criminal culpability | Lesser degree | Greater degree |
Conclusion:
It is essential to understand the difference between involuntary and voluntary manslaughter to properly analyze and characterize the specific circumstances of the crime. Both types of manslaughter are severe criminal offenses; however, they are fueled by different factors. Accidental killing driven by carelessness or negligence constitutes involuntary manslaughter, while killing in extreme emotional disturbance, fueled by intent to harm, signifies voluntary manslaughter. It’s crucial to examine the particular circumstances and factors leading up to the crime to adequately distinguish between these two severe criminal charges.
