Manslaughter Flashcards
1
Q
manslaughter
A
homicide that is less serious than murder
2
Q
Voluntary manslaughter
A
intentional killing, but mitigated by “heat of passion”
3
Q
involuntary manslaughter
A
killing through criminal negligence
4
Q
Early Common Law manslaughter
A
categorical test: intentional killing in specific culturally sanctioned contexts
5
Q
Modern Common Law Manslaughter
A
Reasonable person test:
D acted in heat of passion
D was reasonably provoked in the heat of passion
D did not have sufficient time to cool off
A reasonable person would not have had time to cool off
6
Q
reasonable (modern common law manslaughter)
A
*statistical: how people actually do behave
normative: how people should behave
7
Q
involuntary manslaughter mens rea
A
criminal negligence: recklessness, gross negligence, regular negligence
