Voluntary Manslaughter and Second Degree Murder Flashcards
What is Voluntary Manslaughter or SDM?
It is First Degree Murder with mitigating circumstances.
What are the most common mitigating circumstances?
1) Provocation/ Heat of Passion
2) Imperfect Defenses
What is the MPC definition of Voluntary Manslaughter?
MPC 210.3(1)(b)
A homicide that is committed under the influence of extreme mental or emotional distress for which there is a reasonable explanation from the viewpoint of a person in the actor’s shoes.
What is the Illinois Statute for VM or SDM?
A mitigating factor exists to reduce first degree murder to second degree murder if the defendant believes that circumstances exist that justify deadly force, even if that belief was unreasonable.
“A mitigating factor exists so as to reduce the offense of first degree murder to the lesser offense of second degree murder if, at the time of the killing, the defendant believes that circumstances exist which would justify the deadly force he uses, but his belief that such circumstances exist is unreasonable.”
What does this mean?
“VM-SDM is a “lessor included” offense to FDM.”
Successfully asserting provocation or imperfect defense does not mean that the defendant is not guilty and goes free. He is guilty of the “Lesser included” offense of VM-SDM.
How does SDM differ from FDM from an element standpoint?
Both SDM and FDM have the same elements:
1) intent to kill or;
2) Know acts would cause death or serious injuries; or
3) Create a strong possibility of death.
BUT, defendant can put on evidence of mitigating factors which would reduce a first degree murder charge to a second degree murder charge.
What is an imperfect defense?
An imperfect defense arises when the defendant commits an intentional murder, but does so when he honestly - though unreasonably - believes that he has a legal defense.
Often self-defense.
What is the standard of an imperfect defense?
Standard is an honest but unreasonable belief. So it is held to the subjective belief.
The defendants belief must be sincerely held and it must be unreasonable.
What is the difference between a perfect and an imperfect defense?
Key difference between the two is REASONABLENESS.
1) Actor honestly believes that there is a need for defense and that belief is reasonable = perfect defense.
2) Actor honestly believes that there is a need for defense and that belief is unreasonable = imperfect defense.
