Crimes Against The Person - Manslaughter

Question 0

What makes provocation adequate?

Answer 0

Objective standard: would it arouse a sudden and intense passion in the mind of a reasonable person?

Note: words alone are objectively inadequate (many states now reject)

Question 1

What is the common law definition of Manslaughter?

Answer 1

Intentional killing committed in the heat of passion upon adequate provocation.

Question 2

What are the four requirements for manslaughter?

Answer 2

Provocation was objectively adequate
D was actually provoked
D did not have time to cool off
D did not actually cool off between provocation and killing

Question 3

What is the New York approach to first degree manslaughter?

Answer 3

Extreme Emotional Disturbance: intentional killing committed under the influence of a reasonable and extreme emotional disturbance.

Affirmative defense to Second Degree Murder (D must prove by a preponderance of the evidence)

OR

Death where intent was to cause serious physical injury.

Question 4

How does the common law define Involuntary Manslaughter?

Answer 4

A killing committed with criminal negligence, or

A killing committed during the commission of a crime to which the felony murder rule doesn’t apply.

Question 5

How is criminal negligence defined?

Answer 5

a gross deviation from a reasonable standard of care

Question 6

What is criminally negligent homicide in New York?

Answer 6

D should have been aware of a substantial and unjustifiable risk of death.