What is the difference between voluntary manslaughter and involuntary manslaughter?

Involuntary manslaughter, by contrast, is the unlawful killing of a human being without malice, either express or implied. ( 192; People v. Brothers (2015) 236 Cal.App.4th 24, 31 (Brothers).)

Both voluntary manslaughter and involuntary manslaughter are lesser included offenses of the crime of murder (People v Rios (2000) 23 Cal.4th 450, 460 ["California statutes have long separated criminal homicide into two classes, the greater offense of murder and the lesser included offense of manslaughter"]), but as to each other, "[t]hey are merely siblings who have a common parent." (People v. Orr, supra, 22 Cal.App.4th at p. 785.)

The trial court has a sua sponte duty to not only instruct the jury on the crime charged, but also on any lesser included offenses "whenever evidence that the defendant is guilty only of the lesser offense is 'substantial enough to merit consideration' by the jury." (People v. Breverman (1998) 19 Cal.4th 142, 162.) The court has no corresponding duty to instruct on lesser related (i.e., "sibling") offenses. Indeed, the court cannot instruct on such offenses unless the prosecutor agrees because it is the province of the prosecutor to decide which separate offenses are charged. (People v. Birks (1998) 19 Cal.4th. 108, 134-135, fn. 18.)

2. Whether There was Ineffective Assistance in This Case