Homicide: Manslaughter

Question 1

Definition of Manslaughter

Answer 1

The unlawful killing of another WITHOUT malice aforethought

Question 2

Voluntary Manslaughter

Answer 2

intentional killing, but committed in sudden heat of passion because of adequate provocation,
imperfect self defense = goes from murder to manslaughter

Question 3

Involuntary Manslaughter
(known as Negligent Homicide under the MPC)

Answer 3

Gross Negligence
- Killing committed in a criminally negligent manner

Question 4

Misdemeanor Manslaughter

Answer 4

Unintentional killing that occurs during commission or attempted commission of an unlawful act that’s not a felony

Note: this counts as involuntary manslaughter/ gross negligence

Question 5

Elements of Voluntary Manslaughter:

Answer 5

1. sudden heat of passion
2. adequate provocation
3. killed before a reasonable time to cool off

Question 6

Adequate Provocation

Answer 6

Examples:
- Catching a spouse in the act of adultery
- being challenged to a duel

Note: words alone are not enough (inadequate provocation)

Question 7

Sudden Heat of Passion

Answer 7

1. Anger
2. Jealousy
3. Fear

Question 8

Voluntary Manslaughter if:

Answer 8

1. Sudden Hear of Passion
2. Adequate Provocation
3. No Cooling off Period

Question 9

Involuntary Manslaughter if:

Answer 9

1. Criminal Negligence
2. Killing in the commission of a misdemeanor