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Platapus · 01-31-23, 06:01 PM

Great question.

When answering that question, as it pertains to the USA, it is important to properly identify the jurisdiction. Each state has their own legal definitions of murder and even though they may use the same name it can mean different things in different states. Also, our federal law may use different definitions from our state laws.

Since this took place in the state of New Mexico, we would consult NM Stat section 30-2-2 (2021) As an aside if you are researching crimes that occurred in the past, make sure you are researching the correct statute year too.

https://law.justia.com/codes/new-mex...ection-30-2-3/

This is the statute that covers Manslaughter.

" Involuntary manslaughter consists of manslaughter committed in the commission of an unlawful act not amounting to felony, or in the commission of a lawful act which might produce death in an unlawful manner or without due caution and circumspection."

Whoever commits involuntary manslaughter is guilty of a fourth degree felony.

It is also important to read the annotations of the law which discuss previous court decisions. These are used to clarify the meanings and interpretations of the elements of the crime, which can often seem ambiguous.

In the NM statutes there are a LOT of annotations. Some of the ones that may pertain to this case include

"Involuntary manslaughter statute excludes all cases of intentional killing, and includes only unintentional killings by acts unlawful, but not felonious, or lawful, but done in an unlawful manner, or without due caution and circumspection; the killing must be unintentional to constitute involuntary manslaughter, and, if it is intentional and not justifiable, it belongs in some one of the classes of unlawful homicide of a higher degree than involuntary manslaughter. State v. King, 1977-NMCA-042, 90 N.M. 377, 563 P.2d 1170, overruled on other grounds, State v. Reynolds, 1982-NMSC-091, 98 N.M. 527, 650 P.2d 811."

"Criminal negligence required for involuntary manslaughter by lawful act. — A killing by lawful act, to be involuntary manslaughter, depends on whether the lawful act was done in an unlawful manner or without due caution and circumspection. The phrase "without due caution and circumspection" has been held to involve the concept of "criminal negligence," which concept includes conduct which is reckless, wanton or willful. State v. Grubbs, 1973-NMCA-096, 85 N.M. 365, 512 P.2d 693, overruled on other grounds, Santillanes v. State, 1993-NMSC-012, 115 N.M. 215, 849 P.2d 358; State v. Yarborough, 1995-NMCA-116, 120 N.M. 669, 905 P.2d 209."

"Negligent use of weapon. — A conviction of involuntary manslaughter by negligent use of a weapon requires negligence which is ordinary. State v. Grubbs, 1973-NMCA-096, 85 N.M. 365, 512 P.2d 693, overruled on other grounds, Santillanes v. State, 1993-NMSC-012, 115 N.M. 215, 849 P.2d 358; State v. Yarborough, 1995-NMCA-116, 120 N.M. 669, 905 P.2d 209."

Use of a weapon does not require proof of Criminal Negligence only "ordinary" negligence.

It gets complicated real fast.

I hope this helped. Please remember that different states will have different legal definitions. One really can't compare similar crimes across state lines.

01-31-23, 06:01 PM	#35
Platapus Fleet Admiral Join Date: Oct 2006 Posts: 18,951 Downloads: 63 Uploads: 0	Great question. When answering that question, as it pertains to the USA, it is important to properly identify the jurisdiction. Each state has their own legal definitions of murder and even though they may use the same name it can mean different things in different states. Also, our federal law may use different definitions from our state laws. Since this took place in the state of New Mexico, we would consult NM Stat section 30-2-2 (2021) As an aside if you are researching crimes that occurred in the past, make sure you are researching the correct statute year too. https://law.justia.com/codes/new-mex...ection-30-2-3/ This is the statute that covers Manslaughter. " Involuntary manslaughter consists of manslaughter committed in the commission of an unlawful act not amounting to felony, or in the commission of a lawful act which might produce death in an unlawful manner or without due caution and circumspection." Whoever commits involuntary manslaughter is guilty of a fourth degree felony. It is also important to read the annotations of the law which discuss previous court decisions. These are used to clarify the meanings and interpretations of the elements of the crime, which can often seem ambiguous. In the NM statutes there are a LOT of annotations. Some of the ones that may pertain to this case include "Involuntary manslaughter statute excludes all cases of intentional killing, and includes only unintentional killings by acts unlawful, but not felonious, or lawful, but done in an unlawful manner, or without due caution and circumspection; the killing must be unintentional to constitute involuntary manslaughter, and, if it is intentional and not justifiable, it belongs in some one of the classes of unlawful homicide of a higher degree than involuntary manslaughter. State v. King, 1977-NMCA-042, 90 N.M. 377, 563 P.2d 1170, overruled on other grounds, State v. Reynolds, 1982-NMSC-091, 98 N.M. 527, 650 P.2d 811." "Criminal negligence required for involuntary manslaughter by lawful act. — A killing by lawful act, to be involuntary manslaughter, depends on whether the lawful act was done in an unlawful manner or without due caution and circumspection. The phrase "without due caution and circumspection" has been held to involve the concept of "criminal negligence," which concept includes conduct which is reckless, wanton or willful. State v. Grubbs, 1973-NMCA-096, 85 N.M. 365, 512 P.2d 693, overruled on other grounds, Santillanes v. State, 1993-NMSC-012, 115 N.M. 215, 849 P.2d 358; State v. Yarborough, 1995-NMCA-116, 120 N.M. 669, 905 P.2d 209." "Negligent use of weapon. — A conviction of involuntary manslaughter by negligent use of a weapon requires negligence which is ordinary. State v. Grubbs, 1973-NMCA-096, 85 N.M. 365, 512 P.2d 693, overruled on other grounds, Santillanes v. State, 1993-NMSC-012, 115 N.M. 215, 849 P.2d 358; State v. Yarborough, 1995-NMCA-116, 120 N.M. 669, 905 P.2d 209." Use of a weapon does not require proof of Criminal Negligence only "ordinary" negligence. It gets complicated real fast. I hope this helped. Please remember that different states will have different legal definitions. One really can't compare similar crimes across state lines. __________________ abusus non tollit usum - A right should NOT be withheld from people on the basis that some tend to abuse that right.