Fort Lauderdale Criminal Attorney Blog
Manslaughter is the killing of another human being without malice aforethought. That means a person may not have intended for the other person to die (unlike homicide/murder), but nonetheless that was the result of one’s conduct, usually reckless or criminally negligent. It can stem from crimes like driving drunk, criminal assault or neglect. In these cases, it is not necessary to prove intent.
Recently, several nursing home employees were arrested on charges of manslaughter, pursuant to F.S. 782.07, following the deaths of 12 elderly patients who overheated in sweltering conditions with no air conditioning after Hurricane Irma struck South Florida in 2017.
Manslaughter is considered aggravated when it involves the death of an elderly person or disabled adult due to culpable negligence without lawful justification. Culpable negligence, as noted in Florida Standard Jury Instructions, is defined as a course of conduct that shows reckless disregard for human life or for the safety of individuals exposed to it that displays recklessness or wantonness. Continue reading
