MBE Rules · Criminal Law
Misdemeanor Manslaughter
Misdemeanor manslaughter
The rule
A death caused during a malum in se misdemeanor or an unlawful act constitutes involuntary manslaughter in jurisdictions retaining the doctrine.
In plain English
Misdemeanor manslaughter occurs when someone unintentionally kills another person while committing a misdemeanor that is inherently wrong or unlawful. This means that if a death results from a crime that is not a felony but is still considered a serious wrongdoing, it can lead to a charge of involuntary manslaughter.
Worked example
During a heated argument, John pushes Mike, causing him to fall and hit his head on the pavement, resulting in Mike's death. John was committing the misdemeanor of assault when the incident occurred. As a result, John can be charged with misdemeanor manslaughter for causing Mike's death during the unlawful act.
Memory hook
Misdemeanor manslaughter: a fatal push from a petty crime.
The trap
Exams may present scenarios where students confuse misdemeanors with felonies, leading them to overlook the applicability of misdemeanor manslaughter. Additionally, students might misinterpret the nature of the unlawful act involved.
How examiners test it
Questions often involve fact patterns where a death occurs during a minor crime, prompting candidates to identify whether the act qualifies as a malum in se misdemeanor. Look for clues indicating the nature of the misdemeanor to apply the rule correctly.
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