To: newfreep
Your post does not support your position. It acknowledges that involuntary manslaughter requires recklessness or criminal negligence. Those are higher standards of bad conduct than ordinary negligence. Neither involuntary negligence nor negligent homicide requires specific intent. In other words, in both cases the defendant did not want the event to happen.
This discussion is moot, though, because New Mexico does not even recognize a crime called negligent homicide.
It defines involuntary manslaughter as follows:
B. 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. (Emphasis supplied by me.)
Source
108 posted on
01/19/2023 10:04:21 AM PST by
KevinB
(Word for the day: "kakistocracy" - a society governed by its least suitable or competent citizens)
To: KevinB
Can't speak to New Mexico, but the Georgia statute has the exact same language - contrasting (felony) involuntary manslaughter with (misdemeanor) involuntary manslaughter.
A major case in Georgia from the Supreme Court went through in excruciating detail the meaning of the statute and the grades of homicide. Oddly enough, it involved another high profile shooting. Conviction reversed because the trial court failed to give the jury appropriate instructions, as well as some prejudicial hanky-panky by the DA.
McIver v. The State
167 posted on
01/19/2023 11:35:22 AM PST by
AnAmericanMother
(Ecce Crucem Domini, fugite partes adversae. Vicit Leo de Tribu Iuda, Radix David, Alleluia!)
To: KevinB
My post was simply a copy/paste from the legal site I linked to.
If you have a problem with their definition, please contact them.
173 posted on
01/19/2023 12:39:56 PM PST by
newfreep
("There is no race problem...just a problem race")
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