A person here in CT has recently been charged for a fatal hit-and-run accident with a pedestrian. In addition to the charges of evading responsibility, reckless driving and speeding, he faces both first-degree and second-degree manslaughter charges.
The CT penal code defines “Manslaughter in the first degree” as:
(General Statutes § 53a-55 subsections about intent to cause injury and extreme emotional disturbance omitted)
It defines “Manslaughter in the second degree” as:
(General Statutes § 53a-56 subsection about assisted suicide omitted)
As I understand lesser included offenses (mostly from this Board), second-degree manslaughter would be a lesser included offense of first-degree manslaughter in these circumstances, wouldn’t it? Both require proving of reckless behavior directly leading to the victim’s death. First-degree also requires the state to prove conduct which the average person would recognize as creating a grave risk of death, and proving the conduct shows extreme indifference. Second-degree has no further requirements. Isn’t that the classic definition of LIO?