8.11Manslaughter with a Motor Vehicle
“Manslaughter—Any person who shall commit the crime of manslaughter shall be guilty of a felony[.]” MCL 750.321.
•M Crim JI 16.8 addresses the elements of voluntary manslaughter.
•M Crim JI 16.10 addresses the elements of involuntary manslaughter.
A violation of MCL 750.321 is a felony punishable by:
•imprisonment for not more than 15 years;
•fine of not more than $7,500; or
•both. MCL 750.321.
“A person may be charged with and convicted of [MCL 750.321, where death results from the operation of a vehicle,] for each death arising out of the same criminal transaction, and the court may order the terms of imprisonment to be served consecutively to each other[.]” MCL 769.36(1)(b).
Only applicable sanctions are discussed; accordingly, if a particular sanction is omitted from this section it is not applicable to this offense. The Offense Code Index for Traffic Violations published by the secretary of state and sourced from Michigan Department of State Court Manual includes a table detailing traffic offenses and applicable sanctions. See Section 1.41 for information on abstracting procedures.
•Six points. MCL 257.320a(1)(a). See Section 1.42 for more information on points.
•License revocation and denial for at least one year. MCL 257.303(2)(e); MCL 257.303(4)(a)(i)-(ii). See Section 1.44 for more information on license revocation and Section 1.43 for more information on license denial.
•License revocation and denial also occur when a defendant has any combination of two or more convictions within seven years for manslaughter and any of the motor vehicle felonies listed in MCL 257.303(2)(b). See Section 1.44 for more information on license revocation and Section 1.43 for more information on license denial.
“The manslaughter statute, MCL 750.321, encompasses two types of common-law manslaughter: voluntary and involuntary.” In re Nale Estate, 290 Mich App 704, 708 (2010). “Although the punishment for manslaughter is defined by statute, the common law defines the elements of voluntary and involuntary manslaughter.” Id.
•“[V]oluntary manslaughter [is] an intentional killing committed under the influence of passion or hot blood produced by adequate provocation and before a reasonable time has passed for the blood to cool.” In re Nale Estate, 290 Mich App at 708, citing People v Mendoza, 468 Mich 527, 534-535 (2003). Accordingly, voluntary manslaughter is “specifically designated [as] an ‘intentional’ killing.” In re Nale Estate, 290 Mich App at 709.
•“[I]nvoluntary manslaughter [is] the killing of another without malice and unintentionally, but in doing some unlawful act not amounting to a felony nor naturally tending to cause death or great bodily harm, or in negligently doing some act lawful in itself, or by the negligent omission to perform a legal duty.” In re Nale Estate, 290 Mich App at 709 (citations and quotations omitted).
A defendant may be convicted of involuntary manslaughter, MCL 750.321, if his or her conduct was “a” cause of death (not “the” cause of death). People v Tims, 449 Mich 83, 96 (1995).