One of the most recent cases of involuntary manslaughter to date is the case involving the death of Michael Jackson; his former doctor, Conrad Murray was convicted a little over a week ago and sentenced to four years in prison. Legally speaking, involuntary manslaughter can be defined as accidentally killing someone without intent of doing so - the difference between voluntary manslaughter and involuntary manslaughter is the will behind the crime. For a charge of voluntary manslaughter the murder was deliberately carried out. In other states manslaughter is not officially mentioned in the law, but synonymous terms include criminal, culpable, or gross negligence.
Involuntary manslaughter can be further categorized into two more divisions: criminally negligent as well as unlawful act manslaughter. According to one source, a criminally negligent crime means that the charged would have a consciousness of the risk involved with the choice made but would have proceeded anyway. This source also sites that the less aware of the risk, the more lenient the charge will be. On the other hand, an unlawful act of manslaughter occurs when someone has committed an illegal act by accidentally killing someone. It is common for the illegal act to be a misdemeanor.
In some states, such as Massachusetts, involuntary manslaughter is called homicide. There are also other juries who further stipulate manslaughter charges into more categories with words such as wanton or reckless. In Massachusetts, a charge of involuntary manslaughter would subject the defendant to a penalty of a maximum of 20 years in prison as well as fines, although in 1998 statistics only show 124 cases. In California, under the Penal Code, a person convicted of involuntary manslaughter is applicable for a penalty of two to four years in prison with a maximum fine of $10,000.
In order for involuntary manslaughter to be proved in the court of law, an attorney must be able to prove that the defendant was negligent or should have been aware of the possible danger of the deceased person. The lawyer does not have to paint a picture of the defendant as cruel, but reckless. If they do this well enough, most likely the defendant will be charged with involuntary manslaughter. A viable means of protection against conviction of involuntary manslaughter includes self-defense, insufficient evidence, accident or even being wrongfully accused.
If the defendant tells the court that the murder was in self-defense it will be assumed that the person was protecting themselves or a loved one against the deceased. The defendant's attorney must also provide evidence to prove that the defendant only defended himself as was necessary. Any overzealous act or an unreasonable amount of force could overturn the defendant's defense.
If there is a lack of evidence to convict the defendant, then the case will also be dismissed. The prosecuting attorney must supply valid evidence through questioning witnesses, looking at the evidence again, and investigating other legalities in order to supply enough for a conviction of involuntary manslaughter. The evidence must support the theory that the defendant is guilty of recklessly killing the deceased. If the evidence was not collected within the parameters of the law, it will be deemed as insufficient evidence and also dismissed.
The next defense against involuntary manslaughter is a claim of the crime being an accident. This means that the defendant did not or could not be knowingly be responsible for their actions since they could not have known the repercussions would be murder. Lastly, the defendant may claim that he is not the person who committed involuntary manslaughter. Consequently, if on trial for involuntary manslaughter it is important to have a clear defense in order to gain an acquittal
