Legal Writing: Determining Criminal Liability for Involuntary Manslaughter

Running head: LEGAL WRITING
Legal Writing
Name of the Student
Name of the University
Author Note

1LEGAL WRITING
Issue
The issue in this present scenario is to determine the criminal liability of Prem for the
death of Vijay.
Relevant Rules
The present issue can be determined by discussing the relevant law relating to
involuntary manslaughter in the United States. Manslaughter refers to the unlawful act of
causing death to a person, which can be categorised as voluntary and involuntary. 18 U.S.
Code § 1112 provides that involuntary manslaughter is the act of killing a person in the
absence of any actual intention to kill that person. The death of the person may have been
occurred as the result of the reckless or negligent act of the defendant. An act of involuntary
manslaughter involves criminal liability for the accused though it is a less serious crime
(Seibold 2017). This act can be identified as the justifiable homicide. As per the decision of
United States v Gomez-Leon, 545F.3d 777, 791 (9th Cir 2008) criminal negligent
manslaughter happens when there is an omission to perform a duty which is owed by the
defendant to the victim that resulted into the death of a person. In United States v
Dominguez-Ochoa, 386 F.3d 639, 645-46 (5th Cir. 2004) the recklessness or negligence
involves a high grade of risk of serious injury or death.
Involuntary manslaughter by negligence or recklessness involves a high risk of
substantial personal injury of another, resulting from the negligent act of the accused. The
fact that the accused did not foresee the death of another person as an outcome of his
unlawful conduct, would not safeguard him from his liabilities. A person would be made
liable for his act if it is proved that he was negligent by ordinary standards and the negligence
caused the death of the victim. In State v Butler 297 U.S. 1 (1936), the Supreme Court
decided that the responsibility for involuntary manslaughter could be imposed on the