Involuntary Manslaughter (Common Law)

This page includes a writing template for analyzing this topic and usage notes to guide its application. In general, the template is designed to serve as a starting point for your analysis. It should be adapted to fit the specific facts of your case and your professor’s preferences.

Note: The analysis of involuntary manslaughter below is an example based on the common law law of most states. It differs from the statutory analysis.

Writing Template

Issue

I: The issue is whether the facts support finding Defendant liable for involuntary manslaughter.

Analysis

R: Involuntary manslaughter is an unintentional homicide committed (1) with criminal negligence or (2) while engaged in certain unlawful acts.

1. Criminal Negligence

R: Criminal negligence involves conduct that grossly deviates from the standard of care a reasonable person would exercise, creating a substantial and unjustifiable risk of death or serious bodily injury. This standard surpasses ordinary negligence and falls short of the extreme recklessness required for depraved-heart murder.

A: Here, [apply rule to facts].

C: Therefore, Defendant [acted/did not act] with criminal negligence.

2. Unlawful Act

R: An unlawful act in this context refers to: (1) a killing committed during the commission of a misdemeanor that is malum in se (inherently wrongful), such as assault or battery (misdemeanor-manslaughter rule), or (2) a killing committed during the commission of a felony not classified as first-degree felony murder or second-degree murder.

A: Here, [apply rule to facts].

C: Therefore, [was/was not] engaged in a qualifying unlawful act.

Conclusion

C: Therefore, since one of the disjunctive elements [is/is not] met, the facts [support/do not support] finding Defendant liable for involuntary manslaughter.

Note: Examples that would qualify as a killing committed during the commission of a felony, not classified as first or second-degree murder include burglary; arson; manufacturing, transporting, or distributing illegal substances resulting in death; felony child neglect or abuse leading to unintended death; felony DUI; and violations of workplace safety laws that result in death.

Usage Notes

JurisJotter templates synthesize legal principles into a practical format that supports the development of well-structured, point-rich analyses in a timed exam.

The template features (1) headers identifying the overall issue, analysis, and conclusion. If the analysis begins with an umbrella rule that identifies elements, factors, or steps of the analysis, it will be followed by subheaders that signpost the analysis of each component.

The template also features (2) IRAC labels at the beginning of each paragraph. These headers and labels are included for educational purposes, offering guidance on structuring your analysis. Your usage of the headers is optional but can be helpful to readers. We advise against including the IRAC labels in submitted work.

The templates serve as a general guide for writing and should be adapted to align with (1) your specific factual circumstances and (2) your professor’s preferences, particularly if your professor provides explicit formulations of rules or analyses. For example, you may add or subtract an element or modify its language. Regardless of whether your professor provides explicit formulations, (3) this template will assist you in crafting point-rich analyses.

Please note that these templates are writing aids and not finished products. They are efficiently designed for exam essays to demonstrate conceptual understanding; thus, they are not comprehensive outlines with historical context or dicta.

Questions or comments? Reach out at [email protected].