Involuntary Manslaughter – an unintentional killing can either warrant involuntary manslaughter or 2nd degree murder
o
Requires Either;
§
Ordinary
negligence with a dangerous instrumentality
§
Te
mens rea must have been greater than ordinary negligence
o
Two
Types
§
Unlawful
Act Manslaughter – similar to felony murder rule, but parallels with
Misdemeanor Manslaughter Rule
o
Mens Rea – Wanton or Reckless Disregard
§
To
constitute wanton or reckless conduct, as distinguished from mere negligence,
grave danger to others must have been apparent and Δ must have chose to run the
risk rather than alter his conduct so as to avoid the harm
o
Actus Reus - Killing
o
Commonwealth v. Carroll – Wife was asleep after an argument, at which time, the
Δ shot his wife in the back of the head
§
It
may be found by Δ’s words or conduct or from the attendant circumstances
together with all reasonable inferences, and may be inferred from the
intentional use of a deadly weapon on a vital part of another’s body
o
Girouard v. State – After a constant insulting relationship, the Δ killed
his wife during an altercation with a knife
§
“We
cannot in good conscience countenance holding that a verbal domestic dispute
ending in the death of one spouse can result in a conviction of manslaughter.”
o
Maher v. People – Δ claimed that an acquaintance told him that his wife
was having an affair – but there is no evidence that the Δ saw this personally
§
Court
decides to remand the case with new jury instructions to determine whether the
Δ has a sufficient provocation claim
o
Commonwealth v. Welansky – Bar fire that kills more than 400 people and the door
to exit was locked shut
§
Wanton
or reckless conduct may consist of intentional failure to take such care in
disregard of probable harmful consequences to them or of their right to care
o
State v. Williams – Native American parents thought their child was sick,
but did not take the child to the health department
§
The
court held that the Δs were sufficiently put on notice concerning the symptoms
of the baby’s illness and lack of improvement of the baby’s apparent condition
requiring medical care
o
Commonwealth v. Malone – Δ Stole a
revolver from his uncle’s house and cartridges from his father, and suggests to
the decedent that they play Russian Poker
§
When
getting from manslaughter to murder, there has to be gross recklessness
o
Regina
§
“…any
act known to be dangerous to life and likely in itself to cause death, done for
the purpose of committing a felony which causes death, should be murder.”
o
People v. Phillips – The Δ made a false statement regarding his ability to
cure the deceased child. Although, the Δ
believed that the proposed treatment would be successful
§
In
order to have felony murder, the felony must be inherently dangerous to human
life.
§
The
killing can be accidental
o
People v. Burton
§
This
is a crime against property, therefore we can have murder under an inherently
dangerous and independent felonious purpose
o
State v. Canola – Δ was robbing a jewelry store when a shootout
occurred, death between the owner of the jewelry store and the co-felon
§
In
order for there to be a felony murder, the killing must have been by the Δ or
by an accomplice/confederate or by one acting in furtherance of the felonious
undertaking
CAUSATION
·
Causation
(similar to torts) – have to decide whether the Δ’s act proximately caused the
result
o
When
a crime is defined without any regard to the result of Δ’s conduct (ex.
attempt, conspiracy), then there is no need to face the issue of causation
o
Requirements:
§
Cause-in-fact:
result would not have occurred without a “but for” test
§
Proximate
Cause: questions is whether the difference in the way death was intended or
anticipated and the way in which it actually occurred breaks the chain of
proximate causation
·
Chain
is only broken when there is a superseding factor
o
Rules
of Causation:
§
Preexisting
Condition – the Δ must take the ¶ as he finds him
§
Intervening
Acts – generally will shield Δ from liability if the act is a mere coincidence
or is outside the foreseeable sphere of risk created by Δ’s action
·
Act
of Nature
·
Act
of a Third Party
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