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 the passion is due to a reasonable cause. 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. For instance, voluntary manslaughter can result in a prison sentence of up to 20 years, while involuntary manslaughter can lead to a sentence of up to 20 years if the act is deemed unlawful, or up to 5 years if it is a result of culpable negligence. It's important to note that Mississippi law does not categorize manslaughter based on aggravating factors in the same way some other states might, but the penalties reflect the seriousness of the offense.