What is the Law on Manslaughter in Indiana and What are the Punishments for it?
A few people think criminals are knowledge-challenged. But this notion is wrong because there are certain crimes for which the offenders have to use a lot of creativity. They have to acquire a good amount of knowledge as well. But they are a few other crimes that the offenders commit in a fit of anger or when there is an emotional outburst. An example of such crimes is manslaughter.
Though several folks confuse themselves without being able to differentiate between murder and manslaughter, the fact is there is a key difference between the former and the latter. Let us find out what the difference is. Let us also try to know the manslaughter laws in the state of Indiana in the US and what punishments the courts of this state award to perpetrators of this crime.
Voluntary manslaughter law in the state of Indiana
If a person kills another person intentionally but if he or she commits this crime out of emotion or in a fit of anger and before the time before which he or she becomes cool and composed, it comes under voluntary manslaughter. In short, this is not a cold-blooded murder that an offender commits without having a second thought but it is a killing the person commits due to an emotional outburst or heat of passion.
Indiana laws prohibit murder as well as voluntary manslaughter because according to the state laws, both are crimes, the reason being both of them lead to the death of human beings. This means if courts have to view a case and invoke the law pertaining to voluntary manslaughter, the offender must have resorted to the killing act as a result of an emotional outburst or anger circumstances may have induced.
The court will examine if the circumstances may induce anger or such an emotional outburst in any other reasonable person also and if the person may have acted in the same manner in such a situation.
Classic examples that describe voluntary manslaughter are the killings people commit due to their uncontrolled emotions like anger when they come across instances of infidelity, etc. or for the sake of self-defense.
What are the acts Indiana voluntary manslaughter laws prohibit?
Indiana laws prohibit people from killing other human beings or a viable fetus intentionally or knowingly but under the influence of strong emotions like anger or due to sudden heat of passion. The sudden heat of passion is the factor that mitigates the seriousness of the crime that may otherwise be murder.
Penalties for voluntary manslaughter as per Indiana laws
Voluntary manslaughter comes under level 2 felony and the courts may award a punishment of incarceration for a period between 10 and 30 years and a fine of an amount up to $10,000.
Involuntary manslaughter laws in Indiana
According to Indiana laws, courts view deaths that result due to accidents as involuntary manslaughters or negligent manslaughters. In these cases, the offender may not have intended to kill but he or she may have acted in an inappropriate manner that may have caused the death of another person.
Involuntary manslaughter occurs when a person kills another person due to criminal negligence or while committing another crime. This means the offender does not have the intention of causing physical injuries or death to another person. It is the carelessness or recklessness of the offender that may have caused the death of the victim. An example of involuntary manslaughter is the killing of a person or a few people due to drunken driving or texting while driving.
Can there be civil penalties for an involuntary manslaughter crime?
Even if the courts find that a particular accused person is not guilty of an involuntary manslaughter crime, the family of the victim can file a civil lawsuit in a civil court.
What are the acts do the involuntary manslaughter laws of Indiana prohibit?
Indiana laws prohibit the following:
1. The killing of another person or a viable fetus while committing a level 5 or a level 6 felony or trying to commit them.
2. The laws prohibit Class A felony. They prohibit a battery that may result in serious physical injuries to another person.
3. The killing of another person or a viable fetus while operating or driving a vehicle when the offender is intoxicated.
Penalties for involuntary manslaughter as per Indiana laws.
Courts view involuntary manslaughter crimes as level 5 felonies. Therefore, the penalties may be incarceration for a period between 1 and 6 years and a fine of an amount not exceeding $10,000. The courts can recommend suspension of the driving privileges of the convicted person for a period of 2 to 5 years if the crime has happened due to the operation or driving of a motor vehicle.