Case Study #1

John decides to do some target practice with his new .22-caliber pistol in front of his house on Christmas morning in a residential neighborhood. John has never owned or handled a pistol before. There are children playing in the street, but John is determined to test his new weapon. He fires once at the tire of a passing car and misses. The bullet strikes and kills a child playing across the street. The Prosecutor files murder charges against John.

Murder charges against John are not the proper offense to charge in this case. The proper offense to be charged would be involuntary manslaughter. Involuntary manslaughter refers to an unintentional killing that results from recklessness or criminal negligence, or from an unlawful act that is a misdemeanor or low-level felony (FindLaw). The crime John committed is one in which the victims’ death was unintended.

All the elements to be convicted for involuntary manslaughter were met. There are three elements that must be satisfied in order for someone to be found guilty of involuntary manslaughter: (1) Someone was killed as a result of an act by the defendant (2) The Act either was inherently dangerous to others or done with reckless disregard for human life (3) The defendant knew or should have known his or her conduct was a threat to the lives of others (FindLaw).

Involuntary manslaughter covers situations in which the defendant has caused death but does not satisfy the mens rea requirements of murder; it is a less culpable form of homicide (Caoimhe). Mens rea in this particular situation would be considered as Reckless Disregard. Involuntary manslaughter typically includes a killing done by someone acting with reckless disregard for the consequences of their actions (England).

As noted above, involuntary manslaughter is the unintentional killing of another human. This differs from first or