Is Drunk Driving voluntary manslaughter?

0 votes
asked Apr 29 in Law/Ethics by 88rigspooner (860 points)
Is Drunk Driving voluntary manslaughter?

1 Answer

0 votes
answered Apr 29 by 123devon (6,720 points)
Killing someone during drunk driving would be involuntary manslaughter because voluntary manslaughter is a killing with the intent to kill that happens in the heat of the moment.

For voluntary manslaughter, there must be an intent to harm another person, but not necessarily the intent to kill.

Involuntary manslaughter requires no showing of specific intent to harm or kill and all that it takes to turn a DUI into DUI manslaughter is a fatal accident.

A good example of someone committing voluntary manslaughter would be a husband who comes home unexpectedly to find his wife committing adultery.

Adultery is extramarital sex that is considered objectionable on social, religious, moral, or legal grounds.

Although the sexual activities that constitute adultery vary, as well as the social, religious, and legal consequences, the concept exists in many cultures and is similar in Christianity, Judaism and Islam.

Then the married man would either kill his wife or kill the man who was having sex with his wife.

That would then be an example of voluntary manslaughter as the murder would happen in the heat of the moment.

Voluntary Manslaughter is usually defined as an intentional killing in which the offender who killed the person or people had no prior intent to kill, such as a killing that occurs in the "heat of passion."

The circumstances leading to the killing in voluntary manslaughter must be the kind that would cause a reasonable person to become emotionally or mentally disturbed.

Manslaughter is the crime of killing a human being without malice aforethought, or otherwise in circumstances not amounting to murder.

Manslaughter is a common law legal term for homicide considered by law as less culpable than murder.

The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th century BC.

The definition of manslaughter differs among legal jurisdictions.

39,351 questions

43,542 answers


1,838,081 users