South Florida Criminal Defense Lawyer Blog
CRIMES
50 ‘most charged’ crimes defined
MANSLAUGHTER
Manslaughter is killing a human being without malice, and without premeditation, and without justification or legal excuse. It is taking a human life by culpable negligence, but without the specific intent to cause death.
Manslaughter differs from murder: malice (evil intent) and premeditation is the essence of murder. Culpable negligence or the unintended causing of death is manslaughter.
Culpable negligence: Everyone has a duty to act reasonably towards others. If there is a violation of that duty, without any conscious intention to harm, that violation is negligence. But culpable negligence is more than failure to use ordinary care toward others. In order for negligence to be culpable, it must be gross and flagrant. Culpable negligence is a course of conduct showing reckless disregard of human life, or the safety of persons exposed to dangerous effects.