Maryland Jury Instruction - Manslaughter - Involuntary
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PATTERN JURY INSTRUCTIONS WHICH PROVIDE A BODY OF BRIEF, UNIFORM INSTRUCTIONS THAT FULLY STATE THE LAW WITHOUT NEEDLESS REPETION ARE PRESENTED; BASIC, SPECIAL, OFFENSE, AND TRIAL INSTRUCTIONS ARE INCLUDED.
For all involuntary manslaughter charges, the prosecution must also show that the defendant's acts were the direct cause of death. This means that the victim's death was the natural, probable consequence of the defendant's conduct.
The level of negligence required for involuntary manslaughter is higher than normal civil negligence and requires that the defendant have acted in a very unreasonable manner.
In all such cases, the burden falls on the prosecution to prove that the defendant somehow caused another person's death. Whatever the prosecution must prove, a necessary element of the crime is that it results in the death of another person. Charges for this offense are not considered as serious as murder charges.
Second-degree murder is less serious than the crime in the first degree but more serious than homicide in the third degree. However, whether the murder charges are in the first, second, or third degree murder, the penalties are quite serious and can alter your life for the worst.
Manslaughter (including involuntary) is a felony that can be punished by up to 10 years imprisonment and a $500 fine. Vehicular manslaughter with gross negligence is a felony that can be punished by up to 10 years in prison and a $5,000 fine or both.
To prove a charge of involuntary manslaughter, a prosecutor must establish the following factors: The defendant committed a crime or a lawful act in an unlawful manner. The defendant committed the crime or act with criminal negligence. The defendant's acts caused the death of another person.
In order to establish manslaughter by criminal negligence, it is sufficient if the prosecution shows that the act which caused the death was done by the accused consciously and voluntarily, without any intention of causing death or grievous bodily harm but in circumstances which involved such a great falling short of ...