Manslaughter

Question 1

CL Involuntary Manslaughter

Answer 1

homicide where there is no intention to kill or do grevious bodily harm that is committed with gross negligence

1. requires at least gross negligence
2. if gross recklessness can be proven, then gross negligence can be too

Question 2

Manslaughter

Answer 2

killing of another human being without malice aforethought

Question 3

Voluntary Manslaughter (v.m.)

Answer 3

an intentional homicide, done in sudden heat of passion, caused by adequate provocation, before a reasonable opporunity fo the passion to cool

Question 4

V.M. Elements

Answer 4

1. intent to kill
2. heat of passion
3. adequate provocation
4. before passion cools
5. casual connection

Question 5

Heat of Passion

Answer 5

passion must be at the moment of homicide; anger is most common but jealousy, fear, and other emotions work as well

must be sudden: before rsbl opportunity for passion to cool; no bright line

Question 6

Adequate Provocation

Answer 6

mere words not enough
includes:
1. discovering spouse in sexual intercourse (narrow)
2. mutual combat
3. assault and battery (non-deadly force)
4. injury to defendants relative
5. resistance to illegal act

judge decides

Question 7

Reasonable Man Standard

Answer 7

d must respond to provocation calculated to inflame the passion of a reasonable man, or which might render an ordinary man of fair/average disposition liable to act rashly, w/o deliberation/reflection, and from passion

Question 8

Causual connection between provocation

Answer 8

casual connection between provocation, passion, and fatal act; evaluated from perspective of rsbl man/ordinary man
1. rsbl man liable to act
2. stages where D’s subj. characteristics considered
a. whether d was provoked (yes)
b. measuring gravity of provocation to the rsbl person
c. assessing lvl of self control to be expected of rsbl person

Question 9

MPC Manslaughter

Answer 9

(only one type) motivated either by gross recklessness (unintentional) or extrememe mentional or emtional disturbance (intentional)

1. words can be enough for adequate provocation
2. jury decides adequate provocation
3. more likely to get sentence reduced to manslaughter under MPC