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Reckless and Negligent Homicide
Reckless homicide is the same as involuntary manslaughter in most jurisdictions. Below that is negligent homicide. But some states define involuntary manslaughter as negligent homicide. Yes, I know... For this class, we will treat "involuntary manslaughter" as equal to reckless homicide.
The Duncan case is straightforward once you see the argument. It follows somewhat closely from the statute we already addressed in the Smith case concerning voluntary intoxication. The Cabrera case adds a challenge to negligence. That is, the court seems to add a requirement to negligence, or creates a new test. Is there a way to harmonize the court's test with the existing definition of negligence--i.e., the longer definition from the MPC and the case itself?
Finally, the Alec Baldwin case happened in New Mexico, which happens to have a very complicated definition of manslaughter. We will use our definition, though you might want to research what that state uses if you're curious to see if he's guilty.
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