Legal Definitions - misdemeanor-manslaughter rule

The misdemeanor-manslaughter rule is a legal doctrine that states that if a person dies during the commission of a misdemeanor or a non-dangerous felony, it is considered involuntary manslaughter. However, many states and the Model Penal Code have abolished this rule.

For example, if someone is driving under the influence of alcohol and causes a fatal accident, they may be charged with involuntary manslaughter under the misdemeanor-manslaughter rule.

It is important to note that this rule only applies if the unlawful act is malum in se, meaning it is inherently wrong, such as theft or assault. If the act is malum prohibitum, meaning it is only wrong because it is prohibited by law, the rule does not apply.

Overall, the misdemeanor-manslaughter rule is a legal principle that helps determine the level of criminal liability in cases where a death occurs during the commission of a crime.