Is involuntary manslaughter a lesser crime than murder?

California, United States of America


The following excerpt is from People v. McDonald, G054148 (Cal. App. 2019):

Involuntary manslaughter is "the commission of an unlawful act, not amounting to a felony; or . . . the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection." ( 192, subd. (b).) "Involuntary manslaughter is a lesser offense of murder . . . ." (People v. Butler (2010) 187 Cal.App.4th 998, 1006.) "The mens rea for murder is specific intent to kill [actual malice] or conscious disregard for life [implied malice]. [Citation.] Absent these states of mind, the defendant may incur homicide culpability for involuntary manslaughter." (Ibid.)

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