Voluntary Manslaughter (Heat of Passion/Common Law) & Involuntary Manslaughter (Common Law/criminal negligence)

Question 1

intentional killing in which defendant takes life in “sudden heat of passion,” as result of “adequate provocation”

Answer 1

Voluntary manslaughter

Question 2

murder unless mitigating factor is present (killing as result of provocation)

Answer 2

Intentional killing

Question 3

provocation doctrine = partial justification for killing. Death of the provoker/victim is less of a social harm than killing an entirely innocent person.

Answer 3

Provocation Doctrine - Current minority view

Question 4

partial excuse, concession to human frailty. Victim does not deserve to die, even partially, but culpability of defendant reduced.

Answer 4

Provocation Doctrine - Current majority view

Question 5

Must be such that it might inflame passion of ordinary person and tend to cause ordinary person to act for moment from passion rather than reason.

Answer 5

Adequate provocation

Question 6

aggravated assault or battery,
mutual combat,
commission of serious crime against close relative of defendant,
observation by husband of wife in act of adultery,
resisting illegal arrest

Answer 6

Common law fixed categories (judge determined adequacy of provocation)

Question 7

Adequate provocation

Common law fixed categories (judge determined adequacy of provocation):

Killing must have been in the heat of passion

Answer 7

Elements of Provocation Doctrine

Question 8

• trivial battery
• learning about adultery instead of observing it
• observation of unfaithfulness of girlfriend
• words, no matter how offensive

Answer 8

Not Considered Provocation (Common Law)

Question 9

go beyond categories, issue now left to jury to decide whether provocation would render ordinary person likely to act rashly

consider defendant’s characteristics in measuring gravity of provocation but not to measure level of self-control to be expected.

Answer 9

Modern Trend for Adequate Provocation Element

Question 10

person who kills another person in criminally negligent manner is guilty of involuntary manslaughter

Answer 10

Involuntary Manslaughter

Question 11

extreme recklessness (subjective standard – realized the risk)

Answer 11

Depraved heart

Question 12

gross negligence (objective standard – did not realize the risk)

Answer 12

Criminally negligent