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Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Draco in the 7th century BC.[1]

The law generally differentiates between levels of criminal culpability based on the murder mens rea, or state of mind. This is particularly true within the law of homicide, where murder requires either the intent to kill – a state of mind called malice, or malice aforethought – or the knowledge that one's actions are likely to result in death; manslaughter, on the other hand, requires a lack of any prior intention to kill or create a deadly situation.

Manslaughter is usually broken down into two distinct categories: voluntary manslaughter and involuntary manslaughter; however, this is not the case in all juridictions.[2]

Contents

[edit] Voluntary manslaughter

Voluntary manslaughter occurs either when the defendant kills with malice aforethought (intention to kill or cause serious harm), but there are mitigating circumstances which reduce culpability, or when the defendant kills only with an intent to cause serious bodily harm. Voluntary manslaughter in some jurisdictions is a lesser included offense of murder. The traditional mitigating factor was provocation; however, others have been added in various jurisdictions.

[edit] Laws in the United States

There have been many types of voluntary manslaughter. These have not been differentiated here as they are so closely related or indistinguishable that many US jurisdictions do not differentiate between them.[3] The following are some examples of defenses which may be raised to mitigate murder to voluntary manslaughter:

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