What is the mental state of a defendant in a case of involuntary manslaughter?
California, United States of America
The following excerpt is from People v. Martinez, G057186 (Cal. App. 2020):
The mental state for any form of involuntary manslaughter is criminal negligence. (People v. Evers (1992) 10 Cal.App.4th 588, 596.) Thus, "[i]f a defendant commits an act endangering human life, without realizing the risk involved, the defendant has acted with criminal negligence. By contrast where the defendant realizes and then acts in total disregard of the danger, the defendant is guilty of murder based on implied malice. [Citation.]" (Ibid.)
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