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Manslaughter

Unlawful killing of a human being without malice.

Accidental homicide or homicide which occurs without an intent to kill.

The US Code at Title 18, §1112 defines manslaughter as:

"Manslaughter is the unlawful killing of a human being without malice.

"It is of two kinds: voluntary — Upon a sudden quarrel or heat of passion (or) involuntary—In the commission of an unlawful act not amounting to a felony, or in the commission in an unlawful manner, or without due caution and circumspection, of a lawful act which might produce death."

In Canada, from R v Couperthwaite 2006 MBQB 111, published at canlii.org/en/mb/mbqb/doc/2006/2006mbqb111/2006mbqb111.html:

"Manslaughter constitutes an unlawful killing of another person without malice, either express or implied.  The unlawful killing may be either voluntary by virtue of acting upon a sudden impulse, or involuntary."

Compare with murder.


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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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