Manslaughter Cards

Question 1

Manslaughter

Answer 1

Unlawful killing of a human being without malice

Question 2

Murder is reduced to manslaughter when:

Answer 2

Adequate Provocation Exists

Question 3

Voluntary Manslaughter

Answer 3

Defining Elements:

1) Heat of passion killing
2) Cooling time
3) Adequate provocation

Question 4

Heat of Passion

Answer 4

People v. Walker (1965) Chicago Porch
1) Use of excessive force to fend off attack
2) Killer acts w/o malice but voluntarily
3) Killer provoked to irresistible passion
(see test for adequate provocation)

Question 5

Adequate Provocation (4 part test)

Answer 5

1) Objective (reasonable person is provoked)
2) Defendant must have actually been provoked.
3) Time between provocation and killing
was short enough that a reasonable person would not have cooled down.
4) Time between provocation and killing
was short enough that the defendant did not cool down.

Question 6

Cooling Time

Answer 6

Ex Parte Fraley:

1) A day is sufficient time for passion to cool.
2) Revenge killing is murder.
3) Normal cooling time does not apply to fear.

Question 7

People v. Tapia

Answer 7

Normal cooling time does not apply to fear

1) Anger looks forward
2) Fear looks backward

Question 8

Adultery

Answer 8

Adultery constitutes adequate provocation

Question 9

Transferred Intent for Provocation

Answer 9

The intent to kill a victim can be transferred to the unintentional killing of a different victim.

Question 10

People v. Berry

Answer 10

Provocation can be induced over a prolonged period of time. . . a series of events.

Question 11

Involuntary Manslaughter

Answer 11

Homicide without intent to kill or do grievous bodily injury, but that is committed with criminal negligence.

Question 12

Criminal Negligence

Answer 12

1) Gross negligence so extreme that it is punished by law.
2) Wanton or reckless conduct
3) If a reasonable person knows it is dangerous, so should the actor.

Question 13

Commonwealth v. Welanski (nightclub)

Answer 13

Criminal Negligence:

1) Reasonable person knows to maintain safe premises.
2) Welansky and his staff knew or should have known to maintain safe premises.
3) Duty of care for the safety of his guests
4) Duty to protect visitors from probably harmful circumstances

Question 14

Misdemeanor manslaughter

Answer 14

Killing in the course of the commission of a misdemeanor. DeVeaux also allows for any unlawful act in this category except felonies.

Question 15

US v. Walker

Answer 15

Misdemeanor Manslaughter

1) Carrying a pistol w/o a license
2) Someone is accidentally shot and dies
3) Actor can be charged for misdemeanor manslaughter

Question 16

Commonwealth v. Levesque

Answer 16

1) Homeless people accidentally start a fire in an abandoned warehouse and leave the building without reporting the fire.
2) Eight firefighters die trying to rescue people they think are living in the warehouse.
3) Homeless people are guilty of Involuntary Manslaughter.

Question 17

State v. Williams

Answer 17

Failure to seek medical attention for an ill child can constitute voluntary manslaughter if meets reasonable person standard.