Wrongful death is a common legal term in law, for the type of homicide that is legally considered less culpable than murder. The distinction between murder and manslaughter is sometimes said to have been made by the ancient Athenian legislator Draco in the 7th century BC.
In wrongful death, the offender had no prior intention to kill and acted "in the moment" in circumstances that could cause a reasonable person to be emotionally or mentally upset. Examples may include a defender who kills a home invader without being put in a life-threatening situation. There are extenuating circumstances that reduce guilt, or when the defendant kills only with the intent to cause serious bodily harm. Wrongful death in some jurisdictions is a misdemeanor including murder offense. The traditional mitigating factor was provocation; however, others have been added in various jurisdictions.
The most common type of wrongful death or manslaughter occurs when a defendant is provoked to commit the murder. This is sometimes described as "a passion heat killing." In most cases, the provocation should provoke anger or anger in the accused, although some cases have argued that fear, terror or despair will suffice. Other terms that relate to wrongful death are assisted suicide, involuntary wrongful death, and constructive murder.
Assisted suicide is suicide committed with the help of another person, sometimes a doctor. In some places, including parts of the United States of America, assisted suicide is punishable as homicide. Whereas in other countries, such as Switzerland and Canada, and in some US states, as long as legal safeguards are respected, assisted suicide is legal.
Involuntary manslaughter is the murder of a human being without intention, either express or implied. It is distinguished from culpable homicide by the absence of intention. It is normally divided into two categories: implicit homicide and wrongful death due to criminal negligence, both with criminal liability.
Constructive murder is also known as "wrongful act" manslaughter. It is based on the doctrine of constructive malice, according to which the malicious intent inherent in the commission of a crime is considered to apply to the consequences of that crime. It occurs when someone unintentionally kills in the course of committing an illegal act. The malice involved in the crime carries over to the murder, resulting in a murder charge.
