TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 6 P48

Gale Encyclopedia of American Law Volume 6 P48 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 458 MANSLAUGHTER Generally there are two types of involuntary manslaughter 1 criminal-negligence manslaughter and 2 unlawful-act manslaughter. The first occurs when death results from a high degree of negligence or recklessness and the second occurs when death is caused by one who commits or attempts to commit an unlawful act usually a misdemeanor. Although all jurisdictions punish involuntary manslaughter the statutes vary somewhat. in some states the criminal negligence type of manslaughter is described as gross negligence or culpable negligence. Others divide the entire offense of manslaughter into degrees with voluntary manslaughter constituting a more serious offense and carrying a heavier penalty than involuntary manslaughter. Many statutes do not define the offense or define it vaguely in common-law terms. There are however a small number of modern statutes that are more specific. Under one such statute the offense is defined as the commission of a lawful act without proper caution or requisite skill in which one unguardedly or undesignedly kills another or the commission of an unlawful act that is not felonious or tends to inflict great bodily harm. Criminally Negligent Manslaughter A homicide resulting from the taking of an unreasonable and high degree of risk is usually considered criminally negligent manslaughter. Jurisdictions are divided on the question of whether the defendant must be aware of the risk. Modern criminal codes generally require a consciousness of risk although under some codes the absence of this element makes the offense a less serious homicide. There are numerous cases in which an omission to act or a failure to perform a duty constitutes criminally negligent manslaughter. The existence of a duty is essential. Since the law does not recognize that an ordinary person has a duty to aid or rescue another in distress an ensuing death from failure to act would not be manslaughter. On the other hand an omission in which one has a duty such

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