§2A1.3 VOLUNTARY MANSLAUGHTER

1. Statutory Penalties. The statutory maximum for voluntary manslaughter is 10 years. Should the statutory maximum be raised, lowered, or is it appropriate? If it should be changed, what should it be changed to?

The statutory maximums for relevant Chapter 2A offenses are:

First Degree Murder:Life

Second Degree Murder:Life

Involuntary Manslaughter:6 years

Kidnapping (death): Life

Aggravated Assault: 10 years

2a. Guideline Penalties. The base offense level for voluntary manslaughter is 25. The guideline range at Criminal History Category I without acceptance of responsibility is 57- 71 months (with acceptance of responsibility, 41-51 months). Should the base offense level be raised, lowered, or is it appropriate? If the guideline should be changed, what level and range would be appropriate? The base offense level (without including SOC’s) for relevant Chapter 2A offenses and their imprisonment ranges at Criminal History Category I are:

First Degree Murder:43 (life)

Second Degree Murder:33 (135-168)

Involuntary Manslaughter:10 or 14(6-12 or 15-21)

Kidnapping: 24 (51-63 months)

Aggravated Assault: 15 (18-24 months)

2b. If the base offense level is increased for voluntary manslaughter, should the base offense level for second degree murder (base offense level 33) be increased?

3. Aggravating factors. There are no specific characteristics for voluntary manslaughter. If specific offense characteristics should be added, please state what they should be and how many levels. Examples of possible characteristics could include prior similar conduct, alcohol, death of a child under 12 in defendant’s care, use of a deadly weapon/firearm, etc.

4. Departure. There is no application note for voluntary manslaughter suggesting a departure. Should there be an application note suggesting a departure? If so, what should the note state?

§2A1.4 INVOLUNTARY MANSLAUGHTER

1. Statutory Penalties. The statutory maximum for involuntary manslaughter is 6 years. Do you think the statutory maximum should be raised, lowered, or is it appropriate? The statutory maximum for relevant Chapter 2A offenses are:

First Degree Murder:Life

Second Degree Murder:Life

Voluntary Manslaughter:10 years

Aggravated Assault: 10 years

2a. Guideline Penalties. The base offense level for criminally negligent involuntary manslaughter is 10. The guideline range at Criminal History Category I without acceptance of responsibility is 6-12 months imprisonment (with acceptance of responsibility, 0-6 months). Do you think the base offense level should be raised, lowered, or is it appropriate?

2b. The base offense level for reckless involuntary manslaughter is 14. The guideline range at Criminal History Category I without acceptance of responsibility is 15-21 months (with acceptance of responsibility, 10-16 months). Do you think the base offense level should be raised, lowered, or is it appropriate?

3. Aggravating Factors. There are no specific offense characteristics for involuntary manslaughter. If specific offense characteristics should be added, please state what they should be and how many levels. Examples of possible characteristics could include prior similar conduct, alcohol, death of a child under 12 in defendant’s care, multiple deaths, etc.

4. Multiple Counts. In a case involving multiple deaths, the application of the multiple counts rule at §3D1.4 results in a two-level increase for a second count of involuntary manslaughter, up to a maximum of five levels for five or more counts of conviction. Does this rule provide appropriate punishment for additional counts of involuntary manslaughter? If not, how might it be changed?

5. Departures. There is no application note for involuntary manslaughter suggesting a departure. Should there be an application note suggesting a departure? If so, what should the note state?