Manslaughter

Question 1

Types of manslaughter

Answer 1

1. Voluntary
   
   • heat of passion
   • imperfect self defense ( belief negates Malice)

Question 2

Heat of passion

Answer 2

Obscure reason and precludes in the mental state of malice; without reflection in response to adequate provocation

Question does not focus on The killing instead focuses on question of whether reasonable person would be so provoked that they would act rashly from Passion rather than judgment because of it (in other words they would do something. They would act)
- no cooling off period
- reasonable person standard so subjective intoxication would not matter

Question 3

Flannel defense

Answer 3

Must Believe (unreasonably):
1. Danger imminent
2. Lethal Force necessary to prevent death or bodily injury

Question 4

Misdemeanor involuntary manslaughter

Answer 4

Unlawful killing during act not amounting to a felony; unintentional killing

Question 5

Felony involuntary manslaughter

Answer 5

Killing during lawful act that might produce death; and an unlawful way or without caution and circumspection

Question 6

Felony non-statulatory involuntary manslaughter

Answer 6

Killing during non-inherently dangerous felony with criminal negligence

Question 7

Involuntary manslaughter- killing during inherently dangerous assaultive felony?

Answer 7

Necessarily included lesser where jury could entertain reasonable doubt on malice

Question 8

Types of voluntary manslaughter?

Answer 8

Intentional killing:
1. Heat of passion
2. Imperfect self defense