FOCL Practice Test

When someone causes another's death through recklessness, what charge is likely to arise?

1. Second-degree murder

2. Involuntary manslaughter

3. Criminally negligent homicide

4. Assault causing death

The correct answer is: Involuntary manslaughter

The charge that is likely to arise when someone causes another's death through recklessness is involuntary manslaughter. This legal term refers to the unintentional killing of another person that results from the perpetrator’s reckless behavior or criminal negligence. Involuntary manslaughter acknowledges that while the perpetrator did not intend to kill, their actions displayed a disregard for human life or a substantial risk of death that directly led to the fatal outcome. Involuntary manslaughter is distinguished from voluntary manslaughter, where the intent to kill or cause serious injury exists but may be mitigated by circumstances such as provocation. This charge applies when a person engages in behavior that is so reckless it leads to someone's death, but without the malice or intent necessary for a murder charge. While second-degree murder involves more intent or malice and applies to killings that are committed with a depraved mind irrespective of intent to kill, and criminally negligent homicide involves a higher degree of negligence that results in death, the core element in the context of recklessness aligns more closely with involuntary manslaughter. Assault causing death typically involves an attack or harm intended to hurt someone, which is not applicable in the context of recklessness leading to death without intent.