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Article: Accidental Killing
- Article from:
- West's Encyclopedia of American Law
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ACCIDENTAL KILLING
A death caused by a lawful act done under the reasonable belief that no harm was likely to result.
Accidental killing is different from involuntary manslaughter, which causes death by an unlawful act or a lawful act done in an unlawful way.
The common law of crimes distinguished two types of accidental killings: (1) accidental killings resulting from unlawful acts of violence not directed at the victim were punishable as manslaughter (killings resulting from unlawful acts directed at the victim were punishable as murder); and (2) accidental killings resulting from lawful acts of violence were excusable as
homicide by misadventure.
For example, suppose that the ...