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Ball/Oberman Crim Law Casebook

Involuntary Manslaughter and Similar Offenses

The intentional homicide cases in the preceeding section posed the challenge of ascertaining blameworthiness in order to determine whether a crime should be mitigated from murder to manslaughter. The cases in this section involve unintentional acts that resulted in death, and as such, pose a different sort of blameworthiness challenge. In this section, we see how courts employ negligence and recklessness in the service of ascertaining guilt in cases involving accidental deaths. 

Some of the cases in this section present unsavory and unsympathetic protagonists; you may be able to empathize with others. In addition to noting the legal tests inivolved, you might also consider the role that emotions play in helping courts reach their outcomes in these cases.