Rethinking the Mental Element in Involuntary Manslaughter

In this article, it is argued that the mental element for gross negligence manslaughter requires subjective fault. It is argued that the negligent conduct is evaluated objectively but does not mean a person cannot be subjectively aware of the fact that he or she is engaging in such conduct. Wilful negligence is not contradictory, because the noun refers to the conduct while the adjective refers to the fault of the wrongdoer. It is submitted the ancient authorities strongly support the theory of that grossness in negligence required subjective fault—and was not referring to the noun.