Investigating Involuntary Manslaughter: An Empirical Study of 127 Cases

摘要

In the past the law relating to involuntary manslaughter has been the subject of much criticism and controversy, though surprisingly it has received comparatively little attention during the recent review of the homicide law by the Law Commission and the Ministry of Justice. As far as the authors are aware, there has hitherto been no objective empirical research into cases of involuntary manslaughter in England and Wales. Based on data collected from case files maintained by HM Court Service and the Crown Prosecution Service, this article provides a brief analysis of a sample of 127 recent cases. As well as the usual criminological analysis (of offender and offence characteristics), the article focuses on the variations in offenders’ moral culpability for causing death; the relationship between murder and manslaughter (especially those manslaughters at the ‘upper end’ of the seriousness scale); the categorization of different species of involuntary manslaughter, and the sentencing of convicted manslayers.