Manslaughter

Question 1

Manslaughter

Answer 1

• unlawful killing of a human being by another human being without malice aforethought
• two types at common law-
  
  • voluntary
  • involuntary

Question 2

Voluntary Manslaughter- Voluntary Manslaughter- Heat of Passion

Answer 2

• a killing that would be murder if not for adequate provocation
• required elements:
  
  • heat of passion
  • adequate provocation- must arouse sudden and intense passion in ordinary person
  • not enough time to cool off
• words alone are not adequate provocation
• not a defense; just reduces crime from murder to manslaughter

Question 3

Involuntary Manslaughter- Unlawful Act Doctrine

Answer 3

• killing occurred through gross negligence; or
• during commission of an unlawful act (misdemenaor or infraction)
• ‘lawful act done in unlawful manner without caution and due circumspection
• turns on D’s consciousness of risk taking- aware of risk and proceeds with conscious disregard= malice= murder
• should have been aware of risk= no malice= manslaughter