Manslaughter is the unlawful killing or homicide of a human being without the premeditation or malice (malice aforethought) required for the criminal offense of murder.
Many states have two types of manslaughter: (1) voluntary manslaughter—the defendant intended to kill the victim, but did so in self-defense, or in the heat of passion and without premeditation, or the defendant was insane and did not understand that the killing was wrong; and (2) involuntary manslaughter—the defendant negligently or recklessly caused the death of another person—such as when a person is intoxicated while operating a motor vehicle and causes an accident that results in the death of another person.
Some states do not have separate criminal offenses for voluntary and involuntary manslaughter—these states may have the offense of manslaughter and identify certain aggravating factors that may enhance the penalties upon a conviction for manslaughter.
Manslaughter is a felony offense and may be punished by a lengthy prison term. Manslaughter laws are generally located in a state's statutes—often in the penal or criminal code.
In Mississippi, manslaughter is defined under Mississippi Code Section 97-3-25 and 97-3-47. The state recognizes both voluntary and involuntary manslaughter. Voluntary manslaughter occurs when a person kills another without malice upon sudden heat of passion, provided that the circumstances causing the heat of passion are sufficient to provoke such a response in a reasonable person. Involuntary manslaughter in Mississippi occurs when an individual unintentionally causes the death of another person by an act of negligence that is either unlawful or arises from a disregard for human life. Manslaughter is considered a felony in Mississippi, and the penalties can be severe, including imprisonment. The specific circumstances of the case, such as the presence of any aggravating factors, can influence the severity of the punishment. It is important for individuals charged with manslaughter to seek the advice of an attorney to understand the charges and potential defenses available to them.