Voluntary Manslaughter

Question 1

What Is Voluntary Manslaughter?

Answer 1

Mitigated Murder (Mitigation of malice based on adequate provocation)

Question 2

Within Voluntary Manslaughter, what are the primary mitigating factors?

Answer 2

1) Adequate provocation 2) No cooling off

Question 3

Within Voluntary Manslaughter, what elements are required to prove Adequate Provocation?

Answer 3

1) A reasonable person would be provoked to kill 2) the defendant was (in fact) provoked to kill) 3) A reasonable person would not have cooled off 4) the defendant (in fact) did not cool off

Question 4

Within Voluntary Manslaughter, what are two examples of a situation where Adequate Provocation may arise?

Answer 4

1) Finding a spouse in an adulterous situation (actually finding - simply learning of the adultery through other means is insufficient), or 2) Receiving a staggering blow

Question 5

Within Voluntary Manslaughter, what is Imperfect Self-Defense?

Answer 5

1) Defendant started an altercation and never regained the privilege to use force, or 2) Defendant unreasonably, but honestly, believed in necessity of using deadly force.

Imperfect self-defense means that a person honestly, but unreasonably, believed they (or someone close to them) were in danger of great bodily injury or death, and killed another person because of that fear.

In contrast, perfect self-defense, which is a complete defense to murder, is where a person honestly and reasonably believes they are in imminent danger of death or great bodily injury.

The difference between self-defense as a perfect (complete) defense to murder (defendant is not guilty) and self-defense as an imperfect (incomplete) defense to murder that may allow malice to be mitigated to voluntary manslaughter, is one of an honest and reasonable belief (perfect self defense) and an honest but unreasonable belief (imperfect self defense) that they are in imminent danger of death or great bodily injury and must use deadly force.

Question 6

Within Voluntary Manslaughter, will duress, coercion, or coverture mitigate murder to voluntary manslaughter?

Answer 6

No

Question 7

Within Voluntary Manslaughter, what are two other factors that will not mitigate murder to voluntary manslaughter?

Answer 7

1) Mental illness short of insanity 2) Voluntary intoxication