Unintentional Killings

In this post we will learn about two final classifications of homicide, negligent homicide (criminal negligence) and involuntary manslaughter (criminal recklessness).

-These are unintentional acts, whereas murder and voluntary manslaughter are intentional acts.
-For both charges, the court uses the reasonable person standard. The question is, would an ordinary, reasonable person have acted differently?
-Negligent homicide occurs when the defendant was unaware of risks. Involuntary manslaughter occurs when the defendant ignored the risks.
-Involuntary manslaughter is considered the more severe offense.

Hypothetical Case for Involuntary Manslaughter
Let’s say a killer is chasing you. You are trying to escape in your car. After running a stop sign, you kill a pedestrian. You were completely aware that running a stop sign was dangerous. Therefore, you were reckless. But you have you committed involuntary manslaughter? The case will hinge on proving whether you acted as a reasonable person of ordinary prudence, considering the circumstances. If Sayid Jarrah was on your ass, no jury would convict you.

Actual Case for Negligent Homicide
State v. Williams (Washington, 1971)

Facts
The defendants were parents of an infant child. The father had a 6th grade education, and the mother had an 11th grade education. They were both Native American. The child became fussy and sick. They thought it was a tooth ache, and give him an aspirin. They did not take the child to the doctor, because his cheek was blue. They feared the doctor would suspect child abuse. The child died from gangrene.

The court believed that the parents loved their child, and simply did not realize the risk. They were convicted of negligent homicide.

Question
Was this negligence homicide?

Holding
Yes

Reasoning
The reasonable person standard is objective. The jury decided that a reasonable person would have sought medical care for their child.

summarized from Life of a Law Student