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Manslaughter

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Manslaughter

Manslaughter is a term in common law for homicide considered less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th century BC.

The definition of manslaughter differs among legal jurisdictions.

In instances of voluntary manslaughter, the offender has intent to kill or seriously harm, but acted "in the moment" and under circumstances that could cause a reasonable person to become emotionally or mentally disturbed. Mitigating circumstances, such as when the defendant kills only with an intent to cause serious bodily harm, mitigate culpability. In some jurisdictions, voluntary manslaughter is a lesser included offense of murder. The traditional mitigating factor was provocation; however, others have been added in various jurisdictions.

The most common type of voluntary manslaughter occurs when a defendant is provoked to commit homicide. This is sometimes described as a crime of passion. In most cases, the provocation must induce rage or anger in the defendant, although some cases have held that fright, terror, or desperation also suffice.

Assisted suicide is suicide committed with the aid of another person, sometimes a physician.

In some places, including parts of the United States, assisted suicide is punishable as manslaughter. In other countries, such as Switzerland and Canada, and in some U.S. states, assisted suicide is legal as long as legal safeguards are observed.

Involuntary manslaughter is the killing of a human being without the intent of doing so, either expressed or implied. It is distinguished from voluntary manslaughter by the absence of intention. It is normally divided into two categories, constructive manslaughter and criminally negligent manslaughter. For example, a person may throw a rock and kill someone. There was no intent to kill, but a life was still taken.

Constructive manslaughter is also referred to as "unlawful act" manslaughter. It is based on the doctrine of constructive malice, whereby the malicious intent inherent in the commission of a crime is considered to apply to the consequences of that crime. It occurs when someone kills, without intent, in the course of committing an unlawful act. The malice involved in the crime is transferred to the killing, resulting in a charge of manslaughter.

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