Voluntary manslaughter

Voluntary manslaughter

Voluntary manslaughter is the killing of a human being in which the offender had no prior intent to kill and acted during "the heat of passion", under circumstances that would cause a reasonable person to become emotionally or mentally disturbed. In the Uniform Crime Reports prepared by the Federal Bureau of Investigation, it is referred to as non negligent manslaughter. Voluntary manslaughter is one of two main types of manslaughter, the other being involuntary manslaughter.

Contents

Provocation

Provocation consists of the reasons for which one person kills another. "Adequate" or "reasonable" provocation is what makes the difference between voluntary manslaughter and murder. According to the book Criminal Law Today, “provocation is said to be adequate if it would cause a reasonable person to lose self-control”. [1] For example, if a man were to come home and find his wife in bed with another person and kill both of them in a jealous rage, this might be considered adequate provocation and thus voluntary manslaughter.[citation needed]

State of mind

Imperfect self-defense

In some jurisdictions, malice can also be negated by imperfect self-defense. Self-defense is considered imperfect when the killer acted from his belief in the necessity for self-defense, but that belief was not reasonable under the circumstances. If the belief in self-defense were reasonable, then the killing would be considered justified and not unlawful. Where the belief is unreasonable, the homicide is considered to be voluntary manslaughter.

An example is if a person kills a passer-by he mistakes as a threatening mugger.

Intent to kill

Intent to kill is normally present during a voluntary manslaughter case, but is not required. Since most heat of passion and imperfect self-defense killings involve intent to kill, typically voluntary manslaughter involve intentional killings. However, there are occasions when intent to kill is not present, although malice is, for example, when a person responds to oral provocation by engaging in physical altercation. The provocation is sufficient so that his response is justified. Should the response result in the death of the provoker, the crime is either voluntary manslaughter or second degree murder, depending on the jurisdiction.

References

  1. ^ Schmalleger, Frank. (2006). Criminal law today: an introduction with capstone cases (p.302). Upper Saddle River, New Jersey: Pearson Education, Inc..

External links


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Look at other dictionaries:

  • Voluntary manslaughter — bezeichnet: Voluntary manslaughter (England und Wales), einen Straftatbestand in England und Wales Voluntary manslaughter (Vereinigte Staaten), einen Straftatbestand in den Vereinigten Staaten Siehe auch: Tötungsdelikte …   Deutsch Wikipedia

  • voluntary manslaughter — see manslaughter Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • voluntary manslaughter — noun : manslaughter resulting from an act done upon a sudden heat or passion due to provocation recognized as adequate in law compare involuntary manslaughter …   Useful english dictionary

  • voluntary manslaughter — A homicide, in which the act of killing, although intentional, is committed under the influence of passion or in heat of blood, produced by an adequate or reasonable provocation and before a reasonable time has elapsed for the blood to cool and… …   Ballentine's law dictionary

  • Voluntary manslaughter (England und Wales) — Voluntary manslaughter (dt. ‚vorsätzlicher Totschlag‘) ist bezeichnet im englischen Strafrecht einen Straftatbestand für Tötungsdelikte nach dem Homicide Act 1957 (HA 1957). Wegen voluntary manslaughter ist deshalb zu verurteilen, wer eigentlich… …   Deutsch Wikipedia

  • manslaughter — man·slaugh·ter / man ˌslȯ tər/ n: the unlawful killing of a human being without malice compare homicide, murder involuntary manslaughter: manslaughter resulting from the failure to perform a legal duty expressly required to safeguard human life …   Law dictionary

  • voluntary — vol·un·tary / vä lən ˌter ē/ adj 1 a: proceeding from one s own free choice or consent rather than as the result of duress, coercion, or deception a voluntary statement b: not compelled by law: done as a matter of choice or agreement voluntary… …   Law dictionary

  • Voluntary — Vol un*ta*ry, a. [L. voluntarius, fr. voluntas will, choice, from the root of velle to will, p. pr. volens; akin to E. will: cf. F. volontaire, Of. also voluntaire. See {Will}, v. t., and cf. {Benevolent}, {Volition}, {Volunteer}.] 1. Proceeding… …   The Collaborative International Dictionary of English

  • Voluntary affidavit — Voluntary Vol un*ta*ry, a. [L. voluntarius, fr. voluntas will, choice, from the root of velle to will, p. pr. volens; akin to E. will: cf. F. volontaire, Of. also voluntaire. See {Will}, v. t., and cf. {Benevolent}, {Volition}, {Volunteer}.] 1.… …   The Collaborative International Dictionary of English

  • Voluntary conveyance — Voluntary Vol un*ta*ry, a. [L. voluntarius, fr. voluntas will, choice, from the root of velle to will, p. pr. volens; akin to E. will: cf. F. volontaire, Of. also voluntaire. See {Will}, v. t., and cf. {Benevolent}, {Volition}, {Volunteer}.] 1.… …   The Collaborative International Dictionary of English

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