非预谋杀人罪 manslaughter

指无预谋恶意地非法终止他人生命的行为。普通法把非预谋杀人罪分为非预谋故意杀人〔voluntary manslaughter〕和过失杀人〔involuntary manslaughter〕两类，对前者的处罚重于后者。现美国多数司法区仍采用此种分类法，但有些司法区采用了新的分类标准，如纽约州〔New York〕按刑罚轻重将非谋杀罪分为一级非谋杀罪和二级非谋杀罪；新泽西州〔New Jersey〕分为加重非谋杀罪和一般非谋杀罪。 

Manslaughter is the act of killing another human being in a way that is less culpable than murder. See Homicide. Under both the common law and the Pennsylvania Method of differentiating degrees of murder, manslaughter was divided into voluntary and involuntary manslaughter: 1. Voluntary manslaughter is intentionally killing another person in the heat of passion and in response to adequate provocation. 2. Involuntary manslaughter is negligently causing the death of another person. Under the Model Penal Code, manslaughter includes: 1. Reckless homicide; 2. Homicide that would be murder, but “is committed under the influence of extreme mental or emotional disturbance for which there is reasonable explanation or excuse.” 例句如下：

例句1

Manslaughter is a crime in the United States. Definitions can vary among jurisdictions, but manslaughter is invariably the act of causing the death of another person in a manner less culpable than murder. Three types of unlawful killings constitute manslaughter.

非预谋杀人罪在美国是一种犯罪。不同的司法管辖区有不同的定义，但非预谋杀人罪指总是以比谋杀罪轻的方式造成他人死亡的行为。三种非法杀人构成非预谋杀人罪。

例句2

Manslaughter is an unlawful killing that doesn't involve malice aforethought—intent to seriously harm or kill, or extreme, reckless disregard for life. The absence of malice aforethought means that manslaughter involves less moral blame than either first or second degree murder. Thus, while manslaughter is a serious crime, the punishment for it is generally less than that for murder.

非预谋杀人罪是一种非法杀人，不涉及预谋的恶意——意图严重伤害或杀害，或者极端的、不计后果的无视生命。没有预谋的恶意意味着非预谋杀人罪比一级或二级谋杀涉及更少的道德责任。因此，虽然非预谋杀人罪是一种严重的罪行，但对它的惩罚通常比谋杀轻。

例句3

Manslaughter convictions often result in prison time. As an example, in a 2004 New York decision, an appeals court upheld the following sentence in a driving-while-intoxicated case where there was a collision and the defendant's passenger died as a result: three to nine years for second-degree manslaughter, concurrent with two to six years for second-degree vehicular manslaughter.

非预谋杀人罪定罪通常会导致入狱。例如，在2004年纽约的一项裁决中，上诉法院在一起醉酒驾驶案件中维持了以下判决，其中发生了碰撞，被告的乘客因此死亡：二级非预谋杀人罪判处3至9年，同时二级车辆非预谋杀人罪判处2至6年。

例句4

Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th century BC.

非预谋杀人罪是一个普通法法律术语，指被法律认为比谋杀罪轻的杀人罪。谋杀和非预谋杀人罪之间的区别有时被认为是由古雅典立法者德拉科在公元前7世纪首次提出的。