Page 19 Flashcards
What are the elements of voluntary manslaughter?
- provocation (legal and actual)
- inadequate cooling time (legal and actual)
- intent to kill
What does it mean to be actually provoked and actually in the heat of passion?
Defendant was so governed by passion that he was unable to reason (form a deliberate purpose to take a life)
What is legally adequate provocation?
Circumstances surrounding the passion were such that a reasonable person would’ve been similarly governed
What are the three ways you can have voluntary manslaughter?
- Provocation/heat of passion killing
- Good faith mistake/imperfect self-defense
- Coercion/necessity
Is the good faith mistake/imperfect self-defense mitigation for manslaughter recognized by common-law?
No, this is a modern trend
How can imperfect self defense/good-faith mistake mitigate a murder to manslaughter?
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
What is heat of passion?
Emotional disturbance
What are some examples of heat of passion/emotional disturbance?
Rage/great anger, fright/terror, wild desperation
What are some examples of things that cannot be emotional disturbance for heat of passion?
Revenge, vengeance, protecting family honor
What is the proper test to determine heat of passion for manslaughter?
The effect of the provocative act on a reasonable man
How is reasonableness determined according to the MPC for manslaughter?
From the viewpoint of a person in the actor’s situation under the circumstances as he believed them to be
What is the hybrid test that is used to determine if manslaughter applies?
PROVOCATION:
- reasonable
- actual
COOLING:
- reasonable
- actual
What is reasonable provocation under the hybrid test for manslaughter?
The provocation would’ve caused a reasonable person in the defendant’s circumstances to lose control and kill
What are considered to be the defendant’s circumstances for provocation for manslaughter?
Someone with the defendant’s physical characteristics
What does it mean for the defendant to be actually provoked for manslaughter?
Defendant actually lost control and killed
What is “reasonable cooling” under the hybrid test for manslaughter?
A reasonable man so provoked would not have cooled off in the interval of time between the provocation and the fatal blow
If the defendant is subject to mental or physical factors that affected his mental state, how are his actions judged for manslaughter?
Against those a reasonable person would take if suffering from the same mental and physical conditions
What is actual cooling under the hybrid test for manslaughter?
D must not in fact have cooled off during that interval
What are the two different ways that actual cooling can be negated under the hybrid test for manslaughter?
- Rekindling
- Long smoldering/series of events
What is rekindling for manslaughter?
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
What is long smoldering/series of events for manslaughter?
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
What are some examples of reasonable provocation?
- assault
- mutual combat
- illegal arrest
- words alone
- mistake
- imperfect self-defense
- discovering a spouse’s adultery
How can assault be a reasonable provocation for manslaughter?
If the defendant or a close relative is hurt by violence, which the defendant did not start, that can be reasonable provocation
How can discovering a spouse’s adultery be reasonable provocation for manslaughter?
If it is discovered in the act, after being told of an affair, or even erroneously believing an affair occurred
