What is the Law on Manslaughter in Montana and What are the Punishments for it?
This piece provides an understanding through the intricacies of the meaning of Manslaughter, it's major types, levels/ degrees of manslaughter and the penalties for committing manslaughter in Montana, a western U.S. state.
Meaning: The term Manslaughter can be defined as an illicit, heinous, deliberate act of killing a human being by the other, in the absence of a malice motive. The term manslaughter is also presented and defined under the common law system.
Manslaughter is considered as an extremely serious offense in most of the countries across the globe. Manslaughter is considered different from murder as the latter is marked by the presence of malice motive. The blameworthiness is less in manslaughter and it is considered less severe on moral grounds as first mentioned by Draco, a legislator from Athens in 7th century BC.
Major types of manslaughter: Manslaughter has the following major types:
(1) Voluntary manslaughter: The manslaughter that occurs when an individual provokes another individual to a degree that is adequate enough to provoke a normal person to lose his calm and self-control and kill another one is called voluntary manslaughter. In this, the crime is not planned in advance. It is more of a crime done in a sudden heat of the moment such as killing a burglar by a woman during a house robbery.
(2) Involuntary manslaughter: The manslaughter in which an individual kills another in absence of any intention is called involuntary manslaughter. It can further be classified into :
(a) Constructive manslaughter: A killing without intent while committing a prohibited act further resulting in killing and thus the person constructively gets guilty of manslaughter too is called constructive manslaughter. A person trying to disobey the civil laws indulges in a fight with another person or peace officer and kills them.
(b) Criminally negligent manslaughter: When a person due to carelessness or not discharging their duty well, kills another person comes under criminally negligent manslaughter. Such as a doctor who doesn't treat the patient well and the patient dies because of it.
(c) Manslaughter by the vehicles or dosages of toxins/poison/venom
Levels of manslaughter: Under the laws of various countries, manslaughter is seen usually under different levels called degrees. Commonly, three levels of manslaughter are as follows:
(A) First-degree Manslaughters: A person with the direct intention of killing a person or injuring a person seriously comes under the first-degree manslaughter.
(B) Second-degree manslaughters: A person when kills another person thoughtlessly or hastily comes under second-degree manslaughter.
(a) Aggravated second-degree manslaughter: A person when kills another person thoughtlessly or hastily who's a peace officer or an officer appointed by the government and discharging his duties.
What are the general laws for manslaughter in Montana?
Involuntary manslaughter in Montana is divided into two separate categories:
The Montana Code section 45-5-104 defines Negligent Homicide whereas Montana Code section 45-5-106 defines Vehicular Homicide. When an individual carelessly, lacking in his responsibilities causes killing of another individual, it is called Negligent Homicide.
When an individual carelessly, lacking in his responsibilities causes killing of another individual while driving a vehicle, it is called Vehicular Homicide.
Penalties and punishments concerned with manslaughter in Montana:
The law of Montana takes manslaughter as a serious offense and is subjected to the punishment accordingly. As a result of this, the following are the punishments decided by the law for the manslaughter in this U.S. state:
(a) Punishment for Negligent Homicide: A person guilty of negligent homicide is served with 20 years in jail and a monetary fine up to $50,000.
(b) Punishment for Vehicular Homicide: A person guilty of vehicular homicide is served with 30 years in jail and a fine of $50,000.
(c) Punishment for deliberate manslaughter: A person guilty of deliberate manslaughter is served with a jail of 10-100 years or even capital punishment.