Criminal Law Lecture Outline - Fall 2008

Criminal Law

Fall 2008

Section 1

Professor Lee

Class Outline

September 23, 2008

HOMICIDE, cont'd.

E.  Involuntary manslaughter

1.  Common law definition = reckless or criminally negligent homicide

 

2.  MPC punishes reckless homicide and negligent homicide separately

 

3.  Conflict of authority:  some jurisdictions require actual awareness of the risk, others do not (see n.4, p. 321)

a.  Commonwealth v. Welansky

Note:  By "wanton and reckless," court means what we call "criminal negligence"; by "negligence and gross negligence," court means what we call "tort negligence"

4.  Difference between involuntary manslaughter and extreme recklessness murder is severity of risk (and, in some jurisdictions, awareness of risk)

 

5.  Difference between involuntary manslaughter and civil negligence

a.  Severity of risk

 

b.  In some jurisdictions, awareness of risk

 

c.  Social utility of actor's conduct

i.  Commonwealth v. Feinberg

Discussion question:  Should a pharmacist be punished for criminal homicide if he dispenses prescription barbiturates to a patient knowing the patient intends to combine them with alcohol, and the patient dies?  What if the pharmacist could easily have reached the prescribing physician and chose not to?

ii.  State v. Ford Motor Co. (n.7(f), p. 327) 

Discussion question:  What level of mental culpability, if any, do you think was present in the Pinto case?