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Question 0

What are the elements of voluntary manslaughter?

Answer 0

• provocation (legal and actual)
• inadequate cooling time (legal and actual)
• intent to kill

Question 1

What does it mean to be actually provoked and actually in the heat of passion?

Answer 1

Defendant was so governed by passion that he was unable to reason (form a deliberate purpose to take a life)

Question 2

What is legally adequate provocation?

Answer 2

Circumstances surrounding the passion were such that a reasonable person would’ve been similarly governed

Question 3

What are the three ways you can have voluntary manslaughter?

Answer 3

1. Provocation/heat of passion killing
2. Good faith mistake/imperfect self-defense
3. Coercion/necessity

Question 4

Is the good faith mistake/imperfect self-defense mitigation for manslaughter recognized by common-law?

Answer 4

No, this is a modern trend

Question 5

How can imperfect self defense/good-faith mistake mitigate a murder to manslaughter?

Answer 5

If the defendant mistakenly uses deadly force against the victim, believes in good faith it was needed, but a reasonable person in his shoes wouldn’t have made that same mistake

Question 6

What is heat of passion?

Answer 6

Emotional disturbance

Question 7

What are some examples of heat of passion/emotional disturbance?

Answer 7

Rage/great anger, fright/terror, wild desperation

Question 8

What are some examples of things that cannot be emotional disturbance for heat of passion?

Answer 8

Revenge, vengeance, protecting family honor

Question 9

What is the proper test to determine heat of passion for manslaughter?

Answer 9

The effect of the provocative act on a reasonable man

Question 10

How is reasonableness determined according to the MPC for manslaughter?

Answer 10

From the viewpoint of a person in the actor’s situation under the circumstances as he believed them to be

Question 11

What is the hybrid test that is used to determine if manslaughter applies?

Answer 11

PROVOCATION:

• reasonable
• actual

COOLING:

• reasonable
• actual

Question 12

What is reasonable provocation under the hybrid test for manslaughter?

Answer 12

The provocation would’ve caused a reasonable person in the defendant’s circumstances to lose control and kill

Question 13

What are considered to be the defendant’s circumstances for provocation for manslaughter?

Answer 13

Someone with the defendant’s physical characteristics

Question 14

What does it mean for the defendant to be actually provoked for manslaughter?

Answer 14

Defendant actually lost control and killed

Question 15

What is “reasonable cooling” under the hybrid test for manslaughter?

Answer 15

A reasonable man so provoked would not have cooled off in the interval of time between the provocation and the fatal blow

Question 16

If the defendant is subject to mental or physical factors that affected his mental state, how are his actions judged for manslaughter?

Answer 16

Against those a reasonable person would take if suffering from the same mental and physical conditions

Question 17

What is actual cooling under the hybrid test for manslaughter?

Answer 17

D must not in fact have cooled off during that interval

Question 18

What are the two different ways that actual cooling can be negated under the hybrid test for manslaughter?

Answer 18

• Rekindling

- Long smoldering/series of events

Question 19

What is rekindling for manslaughter?

Answer 19

If a considerable amount of time has passed, and something happens that rekindles the defendant’s passion, the cooling off period starts at the new occurrence

Question 20

What is long smoldering/series of events for manslaughter?

Answer 20

Provocation can come from a series of events occurring over a considerable span of time, and the cooling starts with the occurrence of the last provocative event

Question 21

What are some examples of reasonable provocation?

Answer 21

• assault
• mutual combat
• illegal arrest
• words alone
• mistake
• imperfect self-defense
• discovering a spouse’s adultery

Question 22

How can assault be a reasonable provocation for manslaughter?

Answer 22

If the defendant or a close relative is hurt by violence, which the defendant did not start, that can be reasonable provocation

Question 23

How can discovering a spouse’s adultery be reasonable provocation for manslaughter?

Answer 23

If it is discovered in the act, after being told of an affair, or even erroneously believing an affair occurred

Question 24

How can words alone constitute provocation for manslaughter?

Answer 24

Only if they are informational, not merely insulting/abusive

Question 25

How can mistake be provocation for manslaughter?

Answer 25

As long as it is reasonable, it can count (which doesn’t include the defendant’s particular sensitivities, but if a reasonable person would’ve also been enraged, that is enough)

Question 26

If a D killed someone he thought was the provoker, but actually wasn’t, can his actions be mitigated to manslaughter?

Answer 26

Yes, because of mistake

Question 27

Can a rage of passion caused by an insane delusion be adequate provocation for manslaughter?

Answer 27

Yes, so long as a reasonable person believing the delusion would have also become enraged

Question 28

How can imperfect defense mitigate a murder to manslaughter?

Answer 28

Defendant acted unreasonably but in good faith

Question 29

In layman’s terms what is involuntary manslaughter?

Answer 29

unintentional, unlawful homicide

Question 30

What are the ways that malice can be established for involuntary manslaughter?

Answer 30

• criminal negligence
• recklessness
• intent to cause slight injury
• misdemeanor manslaughter

Question 31

What is an example of criminal negligence?

Answer 31

Deliberately leaving your baby in a hot car while you go gamble