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

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

Flashcards in Voluntary Manslaughter (Heat of Passion/Common Law) & Involuntary Manslaughter (Common Law/criminal negligence) Deck (12):
1

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

Voluntary manslaughter

2

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

Intentional killing

3

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

Provocation Doctrine - Current minority view

4

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

Provocation Doctrine - Current majority view

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.

Adequate provocation

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

Common law fixed categories (judge determined adequacy of provocation)

7

Adequate provocation


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


Killing must have been in the heat of passion

Elements of Provocation Doctrine

8

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

Not Considered Provocation (Common Law)

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.

Modern Trend for Adequate Provocation Element

10

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

Involuntary Manslaughter

11

extreme recklessness (subjective standard -- realized the risk)

Depraved heart

12

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

Criminally negligent