Voluntary Manslaughter
Voluntary manslaughter is an intentional killing committed in "heat of passion" following adequate provocation, or under honest but unreasonable belief in self-defense (imperfect self-defense), reducing murder to a lesser offense.
Exam Tip
Heat of passion: adequate provocation + actual heat + no cooling + causal connection. California allows informational words.
What is Voluntary Manslaughter?
Voluntary manslaughter is intentional killing mitigated by circumstances that negate malice.
Heat of Passion Elements
| Element | Requirement |
|---|---|
| Adequate Provocation | Would provoke reasonable person |
| Actual Provocation | Defendant actually provoked |
| No Cooling Off | Insufficient time to calm |
| Causal Connection | Killing resulted from passion |
What Constitutes Adequate Provocation
| Generally Adequate | Generally NOT |
|---|---|
| Catching spouse in adultery | Words alone (traditional) |
| Serious assault | Learning secondhand |
| Mutual combat | Slight provocation |
Imperfect Self-Defense
| Element | Explanation |
|---|---|
| Honest Belief | Actually believed force necessary |
| Unreasonable | Reasonable person wouldn't agree |
| Effect | Reduces murder to manslaughter |
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Related Terms
Involuntary Manslaughter
Involuntary manslaughter is an unintentional killing resulting from criminal negligence or during commission of an unlawful act not amounting to a felony (misdemeanor-manslaughter rule).
Malice Aforethought
Malice aforethought is the mens rea required for murder, encompassing four mental states: intent to kill, intent to cause serious bodily harm, depraved heart (extreme recklessness), and felony murder.
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