DC Instruction 4.212. HOMICIDE—VOLUNTARY AND INVOLUNTARY MANSLAUGHTER

DC Instruction 4.212. HOMICIDE—VOLUNTARY AND INVOLUNTARY MANSLAUGHTER

State: District of Columbia

Criminal Jury Instructions for the District of Columbia
Fifth Edition (2014)
IV. OFFENSES

Instruction 4.212. HOMICIDE—VOLUNTARY AND INVOLUNTARY MANSLAUGHTER

A. VOLUNTARY MANSLAUGHTER

The elements of voluntary manslaughter, each of which the government must prove beyond a reasonable doubt, are that:

1. [Name of defendant] caused the death of [name of decedent]; [and]

2. At the time s/he did so, [name of defendant] intended to kill or seriously injure [name of decedent] [another person], or acted in conscious disregard of an extreme risk of death or serious bodily injury to [name of decedent] [another person][.][; and]

[3. S/he did not act in self-defense.]

B. INVOLUNTARY, CRIMINAL-NEGLIGENCE MANSLAUGHTER

The elements of involuntary manslaughter, each of which the government must prove beyond a reasonable doubt, are that:

1. [Name of defendant] caused the death of [name of decedent];

2. The conduct that caused the death was a gross deviation from a reasonable standard of care; and

3. The conduct that caused the death created an extreme risk of death or serious bodily injury.

C. INVOLUNTARY, MISDEMEANOR MANSLAUGHTER

The elements of involuntary manslaughter, each of which the government must prove beyond a reasonable doubt, are that:

1. [Name of defendant] caused the death of [name of decedent];

2. S/he did so while committing or attempting to commit [insert underlying misdemeanor]; and

3. S/he committed or attempted to commit [insert underlying misdemeanor] in a manner that created a reasonably foreseeable risk of appreciable physical injury. A foreseeable risk of appreciable physical injury exists when physical injury is a possible consequence of the manner in which the crime is committed or attempted. The government need not prove that [name of defendant] intended to kill or injure [name of decedent] [another person].

Order of Considering Charges

You should consider first whether [name of defendant] is guilty of voluntary manslaughter. You should then consider whether [name of defendant] is guilty of involuntary criminal negligence manslaughter or involuntary manslaughter while committing [name of offense].

[If the victim was under 18 or was 60 years of age or older, insert Sentencing Enhancement Based on Age, No 8.103.]

By | 2015-06-14T21:00:17+00:00 June 14th, 2015|Comments Off on DC Instruction 4.212. HOMICIDE—VOLUNTARY AND INVOLUNTARY MANSLAUGHTER