Voluntary Vs. Involuntary Manslaughter: What’s the difference?

Published June 2, 2024

There is a critical difference between voluntary and involuntary manslaughter. In this article, we’ll discuss each of them in detail. Let’s waste no more time and educate ourselves about the topic. 

Voluntary Vs. Involuntary Manslaughter: What’s the difference?

Involuntary Manslaughter

The term involuntary manslaughter is used to acknowledge the unintentional killing of a person. It might stem from criminal negligence, recklessness, or misdemeanor. The person who commits it does not want the victim to die. For one, a person who drives under the influence of alcohol may hit and kill a pedestrian, although their passing was not his intent. 

Additionally, crimes like theft along burglary can result in these charges. For instance, if a thief walks into an establishment to rob and not to kill, but one customer suffers a heart attack and dies from shock, the culprit could be charged with involuntary manslaughter and robbery. 

Elements That Constitute the Offense

A person is guilty of involuntary manslaughter if the following three criteria are met 

• The defendant committed an act that directed the death of a person 
• The defendant knew that his action might endanger lives
• The act was inherently dangerous and was done with a total lack of worry for human life. 

Voluntary manslaughter 

Voluntary manslaughter is intentional killing. Yet, the person who commits the crime has no prior intention to kill. The murder arises in the “heat of passion.” The situations that lead to the crime would cause an individual of rational judgment to become mentally or emotionally disrupted. In the absence of such causes, the killing could be acknowledged as first or second-degree murder. 

Voluntary manslaughter varies from involuntary manslaughter; its definition anchors on the state in which the crime occurs. On the other hand, involuntary manslaughter happens when a person dies due to recklessness or irresponsibility of the dependant. 

What Are Examples of Voluntary Manslaughter?

1. Heat of passion 

Scenario: A person walks in on their spouse in bed with another person and, in a sudden fit of rage, kills one or both of them. 

Explanation: The intense emotional disturbance caused by the discovery provokes the person to act violently without rational thinking. 

2. Mutual combat

Scenario: Two individuals engage in a heated argument that escalates into a physical fight. During the altercation, one of them delivers a fatal blow. 

Explanation: Both parties were willingly involved in the confrontation. The death occurred in the course of the fight. 

3. Extreme emotional distress

Scenario: A parent finds out about the long-term abuse of their child. In an uncontrollable emotional reaction, they kill the abuser. 

Explanation: The intense distress and provocation from discovering the abuse direct the parent to act violently. 

4. Provocation

Scenario: A person is subjected to continuous verbal abuse and threats by a neighbor. One day, the neighbor physically attacks them, and in the ensuing struggle, they kill the neighbor. 

Explanation: There is an ongoing provocation, and the immediate physical attack contributes to the diminished capacity to control their actions. 

Classification and Punishment for Voluntary Manslaughter

Voluntary manslaughter is a Class D felony. It requires an active sentence of imprisonment, even for a defendant with no prior record. It is classified as a serious criminal offense but is considered less severe than murder due to the presence of mitigating circumstances. 

The punishment for voluntary manslaughter varies depending on the jurisdiction. It generally includes significant penalties such as imprisonment and fines. In the US, sentencing varies by state. Still, the typical sentence in many jurisdictions might be between 5 to 20 years. 

The fines can be substantial. It is decided based on the case’s specifics and the jurisdiction’s laws. 

Classification and Punishment for Involuntary Manslaughter 

Involuntary manslaughter is a Class F felony. The punishment for it generally includes imprisonment, fines, and probation. The severity of the sanction reflects the lack of intent to kill but considers the severe repercussions of the perpetrator’s reckless or negligent actions. 

Many jurisdictions impose sentences ranging from 1 to 10 years, with the possibility of parole or probation.