Negligent Homicide
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.
On this page:
Writing Template
Issue
I: The issue is whether the facts support finding Defendant liable for criminal negligence.
Analysis
R: Criminal negligence occurs when a person’s conduct involves (1) a gross deviation from the standard of care that a reasonable person would exercise under the circumstances, creating (2) a substantial and unjustifiable risk of harm.
1. Substantial and Unjustifiable Risk
R: The defendant’s conduct must have created a risk that was substantial in magnitude and unjustifiable under the circumstances. A risk is unjustifiable when its gravity outweighs any potential benefit or necessity of the defendant’s actions.
A: Here, [apply rule to facts].
C: Therefore, Defendant’s conduct [did/did not] create a substantial and unjustifiable risk.
2. Gross Deviation from Standard of Care
R: The defendant’s failure to act with reasonable care must represent a gross deviation from the standard of care that an ordinary, prudent person would exercise in similar circumstances. This goes beyond ordinary negligence, requiring a marked departure from acceptable conduct.
A: Here, [apply rule to facts].
C: Therefore, Defendant’s conduct [did/did not] constitute a gross deviation from the standard of care.
3. Failure to Perceive the Risk
R: Criminal negligence requires that the defendant failed to perceive the substantial and unjustifiable risk their conduct created, even though a reasonable person in the same situation would have recognized the danger. This failure to perceive must be egregious enough to warrant criminal liability.
A: Here, [apply rule to facts].
C: Therefore, Defendant [failed/did not fail] to perceive the risk.
Conclusion
C: Therefore, since all of the conjunctive elements [are/are not] met, the facts [support/do not support] finding Defendant liable for criminal negligence.
Note: Regarding element 3, had the defendant perceived the risk their conduct created and acted anyway, that would qualify as reckless behavior, and likely warrant a finding of involuntary manslaughter.
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.
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