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Flashcards in Page 19 Deck (32):

What are the elements of voluntary manslaughter?

- Provocation (legal and actual)
- inadequate cooling time (legal and actual)
- intent to kill


What does it mean to be actually provoked and actually in the heat of passion?

Defendant was so governed by passion that he was unable to reason (form a deliberate purpose to take a life)


What is legally adequate provocation?

Circumstances surrounding the passion were such that a reasonable person would've been similarly governed


What are the three ways you can have voluntary manslaughter?

1. Provocation/heat of passion killing
2. Good faith mistake/imperfect self-defense
3. Coercion/necessity


Is the good faith mistake/imperfect self-defense mitigation for manslaughter recognized by common-law?

No, this is a modern trend


How can imperfect self defense/good-faith mistake mitigate a murder to manslaughter?

If the defendant mistakenly uses deadly force against the victim, believes in good faith it was needed, but a reasonable person in his shoes wouldn't have made that same mistake


What is heat of passion?

Emotional disturbance


What are some examples of heat of passion/emotional disturbance?

Rage/great anger, fright/terror, wild desperation


Examples of things that cannot be emotional disturbance for heat of passion?

Revenge, vengeance, protecting family honor


What is the proper test to determine heat of passion for manslaughter?

The effect of the provocative act on a reasonable man


How is reasonableness determined according to the MPC for manslaughter?

From the viewpoint of a person in the actor's situation under the circumstances as he believed them to be


What is the hybrid test that is used to determine if manslaughter applies?

A. Reasonable provocation
B. Actual provocation
C. Reasonable cooling
D. Actual cooling


What is reasonable provocation under the hybrid test for manslaughter?

The provocation would've caused a reasonable person in the defendant's circumstances to lose control and kill


What are considered the defendant's circumstances for provocation for manslaughter?

Someone with the defendant's physical characteristics


What does it mean for the defendant to be actually provoked for manslaughter?

Defendant actually lost control and killed


What is reasonable cooling under the hybrid test for manslaughter?

A reasonable man so provoked would not have cooled off in the interval of time between the provocation and the fatal blow


If the defendant is subject to mental or physical factors that affected his mental state, how are his actions judged for manslaughter?

Against those a reasonable person would take if suffering from the same mental and physical conditions


What is actual cooling under the hybrid test for manslaughter?

D must not in fact have cooled off during that interval


What are the two different ways that actual cooling can be negated under the hybrid test for manslaughter?

A. Rekindling
B. Long smoldering/series of events


What is rekindling for manslaughter?

If a considerable amount of time has passed, and something happens that rekindles the defendant's passion, the cooling off period starts at the new occurrence


What is long smoldering/series of events for manslaughter?

Provocation can come from a series of events occurring over a considerable span of time, and the cooling starts with the occurrence of the last provocative event


What are some examples of reasonable provocation?

Assault, mutual combat, illegal arrest, words alone, mistake, imperfect self-defense, discovering a spouse's adultery


How can assault be a reasonable provocation for manslaughter?

If the defendant or a close relative is hurt by violence, which the defendant did not start, that can be reasonable provocation


How can discovering a spouse's adultery be reasonable provocation for manslaughter?

If it is discovered in the act, after being told of an affair, or even erroneously believing an affair occurred


How can words alone constitute provocation for manslaughter?

Only if they are informational, not merely insulting/abusive


How can mistake be provocation for manslaughter?

As long as it is reasonable, it can count (which doesn't include the defendant's particular sensitivities, but if a reasonable person would've also been enraged, that is enough)


If a D killed someone he thought was the provoker, but actually wasn't can his actions be mitigated to manslaughter?

Yes, because of mistake


Can a rage of passion caused by an insane delusion be adequate provocation for manslaughter?

Yes, so long as a reasonable person believing the delusion would have also become enraged


How can imperfect defense mitigate a murder to manslaughter?

Defendant acted unreasonably but in good faith


In layman's terms what is involuntary manslaughter?

unintentional, unlawful homicide


What are the ways that malice can be established for involuntary manslaughter?

- Criminal negligence
- recklessness
- intent to cause slight injury
- misdemeanor manslaughter


What is an example of criminal negligence?

Deliberately leaving your baby in a hot car while you go gamble