Which form of manslaughter is defined in common law as death caused by criminal negligence?

• A. Criminally negligent manslaughter
• B. Common law involuntary manslaughter
• C. Misdemeanor manslaughter
• D. Voluntary manslaughter

Answer: (A)

The form being described is death caused by a gross deviation from the standard of care a reasonable person would observe in the same situation. In common law, that’s involuntary manslaughter due to criminal negligence. There is no intent to kill; instead, the defendant’s conduct creates a substantial risk of death that a reasonable person would recognize as dangerous. The typical elements are a duty to exercise reasonable care, a breach of that duty, causation linking the breach to the death, and the death itself, with the mental state being criminal negligence rather than purposeful or reckless intent. This distinguishes it from voluntary manslaughter (intent to kill, mitigated by provocation) and from manslaughter based on an unlawful act or misdemeanor.