Homicide: Manslaughter Flashcards
How many types of voluntary manslaughter is there?
There are four types:
(1) Intentional Killing in the Heat of Passion on Adequate Provocation;
(2) Intentional Killing in Imperfect Self-Defense;
(3) Unintentional Killing, with Conscious Disregard to Human Life, in Heat of Passion; and
(4) Unintentional Killing, with Conscious Disregard for Human Life, in Imperfect Self-Defense
What is Intentional Killing in the Heat of Passion on Adequate Provocation?
In many cases, defendant intends to kill in the heat of passion but can be committed either by intent to kill or conscious disregard for life. (Voluntary Manslaughter)
The line that distinguishes heat of passion manslaughter from murder is provocation-the provocation incites the defendant to homicidal conduct and the heat of passion must be caused by the victim.
The heat of passion must be such a passion as would naturally be aroused in the mind of an ordinarily reasonable person under the given facts and circumstances. If sufficient time has passed for the passions of an ordinarily reasonable person to cool, the killing is murder, not manslaughter.
What is Intentional Killing in Imperfect Self-Defense?
Intentional Killing in Imperfect Self-Defense is the honest but unreasonable belief in the need for self-defense
What is Unintentional Killing, with Conscious Disregard of Human Life, in the Heat of Passion?
Unintentional Killing with Conscious Disregard for Human Life in the Heat of Passion is the disregard for human life and knowledge that the conduct endangers the life of another on a sudden quarrel or heat of passion
What is Unintentionally Killing with Conscious Disregard for Human Life in Imperfect Self-Defense?
The defendant acts with conscious disregard for human life, unintentionally kills in imperfect self-defense
What essentially sums up the types of Voluntary Manslaughter?
Two intentional killings; 1 in imperfect self-defense and 1 in the heat of passion.
Two unintentional killings, both a conscious disregard for human life; 1 in imperfect self-defense and 1 in the heat of passion
How many types of Involuntary Manslaughter is there?
There are seven types:
(1) Misdemeanor Manslaughter
(2) A Lawful Act Producing Death in an Unlawful Manner
(3) Negligent Manslaughter
(4) Felony Manslaughter Not IDHL
(5) Unconscious Voluntary Intoxication
(6) Unintentionally Kills Without Conscious Disregard for Human Life in Imperfect Self-Defense
(7) Vehicular Manslaughter
What is Misdemeanor Manslaughter?
Misdemeanor Manslaughter is a killing “in the commission of an unlawful act, not amounting to a felony.”
Misdemeanor must be dangerous to human life under the circumstances of its commission (how the defendant committed the crime). The mens rea is criminal negligence.
What is a Lawful Act Producing Death in an Unlawful Manner?
A death that occurs “in the commission of a lawful act which might produce death, in an unlawful manner.”
The mens rea is criminal negligence
What is Negligent Manslaughter?
Negligent Manslaughter is the unintentional killing “without due caution and circumspection.”
Mens rea is criminal negligence
What is Felony Manslaughter Not IDHL?
A killing during the commission of a felony that is not listed in PC § 189 and that is not inherently dangerous to human life.
Mens rea is criminal negligence
What is Unconscious Voluntary Intoxication?
A killing while one is unconscious due to voluntary intoxication
What is Unintentionally Killing Without Conscious Disregard for Human Life in Imperfect Self-Defense?
Defendant, acting without conscious disregard for human life, kills unintentionally in imperfect self-defense
What is Vehicular Manslaughter?
(1) Driving a vehicle in the commission of an unlawful act, not amounting to a felony, and with gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, and with gross negligence.
(2) Driving a vehicle in the commission of an unlawful act, not amounting to a felony, but without gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, but without gross negligence
