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Manslayer


Manslaughter is a legal term for homicide considered by law as 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 voluntary manslaughter, the offender had no prior intent to kill and acted during "the heat of passion", under circumstances that would cause a reasonable person to become emotionally or mentally disturbed. There are mitigating circumstances that 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.

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

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

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

Involuntary manslaughter is the unlawful killing of a human being without malice aforethought, 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, both of which involve criminal liability.

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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