Voluntary manslaughter Flashcards
1
Q
What is voluntary manslaughter? (heat of passion).
A
Voluntary manslaughter is a killing that would be murder BUT FOR the existence of adequate provocation.
2
Q
When is provocation adequate?
A
Provocation is adequate only if:
1. It was a provocation that would arouse sudden and intense passion in the mind of an ordinary person, causing him to lose self control and
2. There was NOT sufficient time between the provocation and the killing for passions of a reasonable person to cool off.
3
Q
What are some examples that would arouse sudden and intense passion?
A
Exposure to a threat of deadly force;
finding a spouse in bed with another;
mutual combat
