Manslaughter
``Recklessness``
Although the legal definition of “recklessness” is vague, it is certain that it is not enough to have acted without awareness of the risk of death (although such an act might be prosecuted as another offense) – you must have actually known of the risk in order to be convicted of manslaughter.
Ordinary Manslaughter
(i) acted recklessly
(ii) to cause
(iii) the death of another human being (immediate death is not required).
All three of these elements must be established beyond a reasonable doubt – failure to establish even one of them will result in an acquittal.
Intoxication Manslaughter
You cannot escape the charge by showing that you were unaware, for example, that you were driving the wrong way down a one-way street because you were too intoxicated to realize it – your conscious decision to drive while intoxicated is enough to establish the “recklessness” required to convict you. You might have a defense, however, if you can show that your intoxication was involuntary.
Vehicular Manslaughter
Penalties
- 2 to 20 years in state prison; and/or
- A fine of up to $10,000
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