THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
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Voluntary & Involuntary Manslaughter (18 USC 1112)

    1.    Involuntary Manslaughter: Elements
    2.    Voluntary Manslaughter: Elements
    3.    Voluntary Manslaughter: Voluntary Intoxication Not A Defense

THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin

1.    Involuntary Manslaughter: Elements

ALERT: Carefully review the Caveats and Disclaimers before using these materials.

    To sustain the charge of involuntary manslaughter, the government must prove the following propositions:

    First, that __________ (name of defendant) killed __________ (name of victim);

    Second, that __________’s (name of defendant) conduct was grossly negligent, in that (he/she) acted with a wanton or reckless disregard for human life; and

    Third, that __________ (name of defendant) had knowledge that (his/her) conduct was a threat to the lives of others, or had knowledge of such circumstances as could reasonably have enabled (him/her) to foresee the threat to lives of others.

    If you find from your consideration of all the evidence that each of these three propositions has been proved beyond a reasonable doubt, then you should find __________ (name of defendant) guilty of involuntary manslaughter.

    If, on the other hand, you find from your consideration of all the evidence that any of these propositions has not been proved beyond a reasonable doubt then you should find __________ (name of defendant) not guilty.

3 Federal Criminal Jury Instructions of the Seventh Circuit 6.01 (1986); 18 U.S.C. §1112(a); United States v. Pardee, 368 F.2d 368 (4th Cir. 1966); United States v. Keith, 605 F.2d 462 (9th Cir. 1979); United States v. Schmidt, 626 F.2d 616 (8th Cir.), cert. denied, 449 U.S. 904 (1980).

See also THE SHELLOW COLLECTION: Murder: Degrees & Elements.

See NCJIC Chapter 92: Homicide.

See NCJIC Federal Model Instructions by Offense: 18 USC 1112: Voluntary Manslaughter.

See NCJIC Federal Model Instructions by Offense: 18 USC 1112: Involuntary Manslaughter.

THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin

2.    Voluntary Manslaughter: Elements

ALERT: Carefully review the Caveats and Disclaimers before using these materials.

    To sustain the charge of voluntary manslaughter, the government must prove the following propositions:

    First, that __________ (name of defendant) killed __________ (name of victim);

    Second, that __________ (name of defendant) did so intentionally;

    Third, that __________ (name of defendant) acted in the heat of sudden passion. To be adequate provocation, sudden passion must be something of which a (man/woman) is conscious; which (he/she) feels and resents at the instant the act is committed, and which demonstrates the absence of malice aforethought; and

    Fourth, that the __________ (cause of death e.g., shooting) was not an accident.

    If you find from your consideration of all the evidence that each of these four propositions has been proved beyond a reasonable doubt, then you should find __________ (name of defendant) guilty of voluntary manslaughter.

    If, on the other hand, you find from your consideration of all the evidence that any of these propositions has not been proved beyond a reasonable doubt then you should find __________ (name of defendant) not guilty.

3 Federal Criminal Jury Instructions of the Seventh Circuit 6.01 (1986); 18 U.S.C. §1112; United States v. Collins, 690 F.2d 431 (5th Cir. 1982), cert. denied, 460 U.S. 1046 (1983); United States v. Lewis, 111 F. 630 (5th Cir. 1901); Beardslee v. United States, 387 F.2d 280 (8th Cir. 1967).

See also THE SHELLOW COLLECTION: Murder: Degrees & Elements.

See NCJIC Chapter 92: Homicide.

See NCJIC Federal Model Instructions by Offense: 18 USC 1112: Voluntary Manslaughter.

See NCJIC Federal Model Instructions by Offense: 18 USC 1112: Involuntary Manslaughter.

THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin

3.    Voluntary Manslaughter: Voluntary Intoxication Not A Defense

ALERT: Carefully review the Caveats and Disclaimers before using these materials.

Kane v. United States, 399 F.2d 730 (9th Cir. 1968), cert. denied, 393 U.S. 1057 (1969).

See also THE SHELLOW COLLECTION: Murder: Degrees & Elements.

See also THE SHELLOW COLLECTION: Murder: Defense Theories.

See NCJIC Chapter 92: Homicide.

See NCJIC 256.6 [Intoxication, Voluntary].

See NCJIC Federal Model Instructions by Offense: 18 USC 1112: Voluntary Manslaughter.

See NCJIC Federal Model Instructions by Offense: 18 USC 1112: Involuntary Manslaughter.