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IANAL and the article is light on details, but charging involuntary manslaughter seems significant here? If the arrested airman negligently caused the trigger t

IANAL and the article is light on details, but charging involuntary manslaughter seems significant here? If the arrested airman negligently caused the trigger to be pulled with no confounding factors (e.g. poor firearm design or poor holster design), surely that would be regular manslaughter at least?

dghlsakjg 1y ago
It depends on jurisdiction, but involuntary manslaughter can just mean that someone died and you didn’t intend to kill them. You can still be negligent (playing with a loaded gun) and have it be involuntary.
dragonwriter 1y ago
No, criminal negligence or even recklessness would be involuntary manslaughter. “Regular”, voluntary, manslaughter requires intent to kill (but differs from murder in that it does not require malice aforethought). The textbook example is heat-of-passion killing.
- devilbunny 1y ago
  Really? I thought heat-of-passion killing was indeed murder. Whereas voluntary manslaughter is more like when you punch someone in the face and they crack their head on a curb and die. You intended to hurt them, but you had absolutely no intent to kill. But IANAL, and to the extent I pay attention to the law, that kind of basic criminal law isn't it.
  - 0xffff2 1y ago
    I linked the UCMJ articles in a sibling comment. I think gp's description is correct for the UCMJ. Part of the problem IMO is that there are ~52 definitions of manslaughter/murder in the US (one for every state, civilian federal law and the UCMJ) so that answer is always highly context specific.
    - devilbunny 1y ago
      Thanks. I didn't consider UCMJ.
- 0xffff2 1y ago
  Interesting. I looked up the UCMJ articles for manslaughter and murder, and the language is actually quite plain; reads to me like you are obviously correct that this case would clearly be involuntary manslaughter. In case anyone else is interested: UCMJ Article 119 (Manslaughter): https://www.law.cornell.edu/uscode/text/10/919 https://www.law.cornell.edu/uscode/text/10/919 UCML Article 118 (Murder): https://www.law.cornell.edu/uscode/text/10/918 https://www.law.cornell.edu/uscode/text/10/918

dghlsakjg 1y ago

It depends on jurisdiction, but involuntary manslaughter can just mean that someone died and you didn’t intend to kill them. You can still be negligent (playing with a loaded gun) and have it be involuntary.

dragonwriter 1y ago

No, criminal negligence or even recklessness would be involuntary manslaughter. “Regular”, voluntary, manslaughter requires intent to kill (but differs from murder in that it does not require malice aforethought). The textbook example is heat-of-passion killing.

devilbunny 1y ago
Really? I thought heat-of-passion killing was indeed murder. Whereas voluntary manslaughter is more like when you punch someone in the face and they crack their head on a curb and die. You intended to hurt them, but you had absolutely no intent to kill. But IANAL, and to the extent I pay attention to the law, that kind of basic criminal law isn't it.
- 0xffff2 1y ago
  I linked the UCMJ articles in a sibling comment. I think gp's description is correct for the UCMJ. Part of the problem IMO is that there are ~52 definitions of manslaughter/murder in the US (one for every state, civilian federal law and the UCMJ) so that answer is always highly context specific.
  - devilbunny 1y ago
    Thanks. I didn't consider UCMJ.
0xffff2 1y ago
Interesting. I looked up the UCMJ articles for manslaughter and murder, and the language is actually quite plain; reads to me like you are obviously correct that this case would clearly be involuntary manslaughter. In case anyone else is interested: UCMJ Article 119 (Manslaughter): https://www.law.cornell.edu/uscode/text/10/919 https://www.law.cornell.edu/uscode/text/10/919 UCML Article 118 (Murder): https://www.law.cornell.edu/uscode/text/10/918 https://www.law.cornell.edu/uscode/text/10/918