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5.1-4 Manslaughter in the Second Degree -- § 53a-56 (a) (1)
Revised to December 1, 2007
The defendant is charged [in count ___] with manslaughter in the second degree. The statute defining this offense reads in pertinent part as follows:
a person is guilty of manslaughter in the second degree when (he/she) recklessly causes the death of another person.
For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:
Element 1 - Caused death
The first element is that the
defendant caused the death of <insert name of decedent>. This means that
the defendant's conduct was the proximate cause of the victim's death. You
must find it proved beyond a reasonable doubt that <insert name of decedent>
died as a result of the actions of the defendant. <See
Proximate Cause,
Instruction 2.6-1.>
Element 2 - Recklessness
The second element is that
the defendant's actions that resulted in the death of <insert name of decedent>
were reckless. A person acts "recklessly" with respect to a result or
circumstances when (he/she) is aware of and consciously disregards a substantial
and unjustifiable risk that such result will occur or that such circumstances
exist. <See
Recklessness, Instruction 2.3-4.>
Conclusion
In summary, the state must prove
beyond a reasonable doubt that 1) the defendant caused the death of <insert
name of decedent>, and 2) the defendant's actions that resulted in the death
were reckless.
If you unanimously find that the state
has proved beyond a reasonable doubt each of the elements of the crime of
manslaughter in the second degree, then you shall find the defendant guilty. On
the other hand, if you unanimously find that the state has failed to prove
beyond a reasonable doubt any of the elements, you shall then find the defendant
not guilty.