What is the Law on Manslaughter in Nebraska and What are the Punishments for it?
This piece provides insight and understanding through the intricacies of the definition of Manslaughter, it's major types, levels/ degrees of manslaughter and the penalties for committing manslaughter in Nebraska, a Midwestern U.S. state.
Definition: The word Manslaughter can be defined as an illegal, brutal, intentional, sinful act of killing a human being by the other, in the absence of a malice motive. The word 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 murder is marked by the presence of malice motive. The act is less in manslaughter is seen as less severe than that of murder.
Types of Manslaughter
(1) Manslaughter involving pre-planned conspiracy (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) Manslaughter in absence of a pre-planned conspiracy (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
(b) Criminally negligent manslaughter: When a person due to carelessness or not discharging their duty well, kills another person comes under criminally negligent manslaughter.
(c) Manslaughter by the vehicles or dosage of toxins/poison/venom
Degree of manslaughter: The crime/offense of manslaughter is seen usually under different levels called degrees. Precisely, three levels of manslaughter are as follows:
A) First-degree Manslaughter: An individual having the direct intention of killing a person or injuring a person seriously. It is known as first-degree manslaughter.
(B) Second-degree Manslaughter: A person when kills another person thoughtlessly or hastily. It is known as second-degree manslaughter.
Important elements of manslaughter: An individual is killed by another. The guilty one kills the victim without any major careful planning and plotting and still results in the killing of another. They are strictly treated under the law of Nebraska and the law doesn't let them go considering it an excuse.
What are the general laws for manslaughter in Nebraska?
Nebraska section Revised Statute section 28-305 defines Involuntary Manslaughter in the law of Nebraska. Also, Nebraska Revised Statute section 28-305 defines Voluntary Manslaughter. Under Section 28-305, an individual is said to be guilty of manslaughter when:
1) An individual is accused of voluntary manslaughter if
he/she kills another individual without any careful prior planning but in a sudden heated argument or disagreement.
2) An individual intentionally causes the death of another individual when the former provokes and indulges in an argument resulting in involuntary manslaughter.
The most important difference is whether or not the killing was done deliberately. In most states, voluntary manslaughter is seen as an unintentional killing in which the victim is killed in the heat of the moment and involuntary manslaughter is an unintentional killing that results from the negligence of the criminal.
If Tom and Harry indulge in a fight in a parking lot and Tom slaughters Harry under his car, it is considered as voluntary manslaughter whereas if Jim and Rosklein who are high school mates and Jim points his pistol towards Rosklein and kills the latter by mistake, it is involuntary manslaughter.
Manslaughter Punishments in Nebraska
The law of Nebraska takes criminal offenses seriously and the accused is subjected to the punishment accordingly. As a result of this, the following are the punishments decided by the law for the offenses:
Voluntary Manslaughter is Class III offense which is punishable by a monetary fine of up to $25,000 and the accused is sent to jail for one to 20 years. Similarly, Involuntary Manslaughter is a Class III offense which is punishable by a monetary fine of up to $25,000 and the accused is sent to jail for one to 20 years.