UCMJ Article 119 – Manslaughter

UCMJ Article 119 punishes the unlawful killing of another human being without the aggravating factors that make the crime murder under Article 118. Manslaughter recognizes that some killings occur without premeditation or intent to commit murder, but they are still unlawful and damaging to discipline, order, and trust within the armed forces.

Manslaughter under Article 119 is divided into two categories: voluntary manslaughter and involuntary manslaughter. Voluntary manslaughter typically involves killings committed in the heat of passion caused by adequate provocation. Involuntary manslaughter involves killings resulting from culpable negligence or the commission of an unlawful act not amounting to a felony.

Key Elements

Voluntary manslaughter:

  1. A human being was killed.
  2. The death was caused by the accused.
  3. The killing was unlawful.
  4. The killing was intentional, but committed in the heat of sudden passion caused by adequate provocation.

Involuntary manslaughter:

  1. A human being was killed.
  2. The death was caused by the accused.
  3. The killing was unlawful.
  4. The killing was the result of culpable negligence or occurred while the accused was committing an unlawful act not amounting to a felony.

Scope and Application

Article 119 applies when the evidence does not meet the standard for murder but still demonstrates unlawful killing. Examples include:

  • Voluntary: A soldier kills another during a fight after being severely provoked.
  • Involuntary: A sailor causes a fatal accident by negligently handling a firearm, or an airman kills someone while driving recklessly.

Article 119 ensures proportional justice by punishing unlawful killings without the extreme intent required for murder.

Punishment

  • Voluntary manslaughter: Dishonorable discharge, forfeiture of all pay and allowances, and confinement for up to 15 years.
  • Involuntary manslaughter: Dishonorable discharge, forfeiture of all pay and allowances, and confinement for up to 10 years.

Defenses

Possible defenses include:

  • Self-defense: If the accused reasonably believed deadly force was necessary to prevent death or serious harm.
  • Accident: If the killing occurred without negligence or unlawful intent.
  • Insufficient provocation: For voluntary manslaughter, if the provocation was not adequate to cause sudden passion in a reasonable person.
  • Lack of causation: If the accused’s actions were not the legal cause of the death.

Examples

  • Voluntary: After being assaulted and humiliated by another service member, a Marine reacts violently in the heat of passion and kills the aggressor.
  • Involuntary: An Army driver recklessly operates a military vehicle, causing a collision that results in another soldier’s death.
  • Involuntary: An airman mishandles explosives during training, causing a fatal accident.

Conclusion

Article 119 ensures that unlawful killings are punished in proportion to the accused’s intent and state of mind. By distinguishing between voluntary and involuntary manslaughter, the UCMJ balances accountability with fairness, recognizing that not all killings rise to the level of murder but still demand serious consequences.

Frequently Asked Questions

1. How does manslaughter differ from murder under the UCMJ?
Murder requires intent to kill, premeditation, or extreme recklessness. Manslaughter involves unlawful killing without those aggravating factors, often in the heat of passion or through negligence.

2. What is voluntary manslaughter?
An intentional killing committed in sudden passion caused by adequate provocation, such as an intense fight or immediate threat.

3. What is involuntary manslaughter?
A killing caused by culpable negligence or while committing an unlawful act not rising to a felony, such as reckless handling of weapons.

4. What is the maximum punishment for voluntary manslaughter?
Up to 15 years’ confinement, dishonorable discharge, and forfeiture of all pay and allowances.

5. What is the maximum punishment for involuntary manslaughter?
Up to 10 years’ confinement, dishonorable discharge, and forfeiture of all pay and allowances.

6. Can self-defense reduce a murder charge to manslaughter?
Yes, if the evidence shows the accused acted under provocation or sudden passion, self-defense claims may reduce the charge.

7. Can an accident qualify as manslaughter?
Only if the accident was the result of culpable negligence. Truly unavoidable accidents without negligence are not punishable.

8. Does intoxication affect liability for manslaughter?
Yes, operating vehicles, weapons, or equipment while impaired can constitute culpable negligence leading to involuntary manslaughter.

9. Can manslaughter occur in combat zones?
Yes, if the killing is unlawful and not the result of lawful combat operations.

10. Why is Article 119 important for military discipline?
Because it provides a framework for punishing unlawful killings that fall short of murder, ensuring accountability while maintaining fairness in the justice system.

Sources

  • Uniform Code of Military Justice, 10 U.S.C. § 919, Article 119
  • Manual for Courts-Martial, United States (2024 edition)
  • Army Regulation 27-10, Military Justice
  • Navy JAGMAN (Judge Advocate General’s Manual) § 0147
  • Air Force Instruction 51-201, Administration of Military Justice
  • Court of Appeals for the Armed Forces, United States v. Riley, 58 M.J. 305 (2003)
  • Military Attorney Joseph L. Jordan, Articles of the UCMJ web page

This content is for informational purposes only. If you are facing issues related to Article 119 or any other UCMJ provision, you should consult a qualified military attorney.

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