§ 6.4 HOMICIDE

• Jurisdiction: Arizona

§ 6.4 HOMICIDE

§ 6.4.1 Negligent Homicide

State v. Fisher, 141 Ariz. 227, 686 P.2d 750 (1984)

Generally, negligent homicide is a lesser-included offense of manslaughter. However, when a defendant is unaware of a substantial and unjustifiable risk solely by virtue of his or her voluntary intoxication, that defendant must be charged with manslaughter, not negligent homicide.

State v. Shumway, 137 Ariz. 585, 672 P.2d 929 (1983)

In a criminal prosecution for negligent homicide, the contributory negligence of the deceased is not a defense. However, the trier of fact may consider the decedent's conduct in determining whether defendant acts were criminally negligent.

§ 6.4.2 Recklessness

State ex rel. Romley v. Brown (Rigsby), 168 Ariz. 481, 815 P.2d 408 (App. Div. 1, 1991)

The State may prove the defendant's reckless mental state by two methods. First, the State could show that the defendant was aware of and consciously disregarded the risk. Second, the prosecutor could show that the defendant was unaware of the risk he or she created solely due to voluntary intoxication. For either...