What is the test for involuntary manslaughter in a motor vehicle accident?

California, United States of America


The following excerpt is from People v. Cowan, F067354 (Cal. App. 2015):

"Involuntary manslaughter is 'the unlawful killing of a human being without malice aforethought and without an intent to kill.' [Citation.] A verdict of involuntary manslaughter is warranted where the defendant demonstrates 'that because of his mental illness ... he did not in fact form the intent unlawfully to kill (i.e., did not have malice aforethought).'" (People v. Rogers (2006) 39 Cal.4th 826, 884.) It follows that an instruction on involuntary manslaughter should be given when there is substantial evidence to support a "diminished actuality" defense. (Ibid.; see People v. Elmore (2014) 59 Cal.4th 121, 139; 28, subd. (a) ["Evidence of mental disease, mental defect, or mental disorder is admissible solely on the issue of whether or not the accused actually

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formed a required specific intent, premeditated, deliberated, or harbored malice aforethought, when a specific intent crime is charged."].)

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