DE · jury_instructions
Del. P.J.I. Crim. No. 11.632(1)
Manslaughter [Reckless Causation of Death]
MANSLAUGHTER [RECKLESS CAUSATION OF DEATH]
In order to find Defendant guilty of Manslaughter, you must find the State
has proved the following two (2) elements beyond a reasonable doubt:
(1) Defendant caused a person’s death; and
(2) Defendant acted recklessly in causing death.
In order to prove Defendant “caused” death, the State must establish the
person would not have died but for Defendant’s conduct.
“Recklessly” means Defendant was aware of and consciously disregarded a
substantial and unjustifiable risk that death would result from Defendant’s
conduct. The State must demonstrate the risk was of such a nature and degree that
Defendant’s disregard of the risk was a gross deviation from the standard of
conduct a reasonable person would observe under the same circumstances.
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- crim-2022-03-14
- Content hash
b179747313648039c1ce4003a32fdcde152fb5901e0f523f0eab87dcae8fed27
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