7.7. Manslaughter

7.7 MANSLAUGHTER 782.07, Fla. Stat. To prove the crime of Manslaughter, the State must prove the following two elements beyond a reasonable doubt: 1. [Name of victim] is dead. 2. (a) me of [[Name of defendant] intentionally caused the death of [name of me of (b) [[Name of defendant] intentionally procured the death of [name of me of victim] was caused by the culpable (c) [The death of [name of victim] was caused by the culpable However, [name of defendant] cannguilty of ot be manslaughter if the killing was either justifiable or excusable homicide as I have previously explained those terms. To "procure" means to persuade, induce, prevail upon or cause a person to do something. I will now define "culpable negligence" for you. Each of us has a duty to act reasonably toward others. If there is a violation of that duty, without any conscious intention to harm, that violation is negligence. But culpable negligence is more than a failure to use ordinary care toward others. In order for negligence to be culpable, it must be gross and flagrant. Culpable negligence is a course of conduct showing reckless disregard of human life, or of the safety of persons exposed to its dangerous effects, or such an entire want of care as to raise a presumption of a conscious indifference to consequences, or which shows wantonness or recklessness, or a grossly careless disregard of the safety and welfare of the public, or such an indifference to the rights of others as is equivalent to an intentional violation of such rights. The negligent act or omission must have been committed with an utter disregard for the safety of others. Culpable negligence is consciously doing an act or following a course of conduct that the defendant must have known, or reasonably should have known, was likely to cause death or great bodily injury. In order to convict of manslaughter by intentional act, it is not necessary for the State to prove that [name of defendant] had a premeditated intent to cause death.