Voluntary manslaughter
From The Art and Popular Culture Encyclopedia
| Revision as of 21:13, 28 December 2008 Jahsonic (Talk | contribs) ← Previous diff |
Revision as of 21:13, 28 December 2008 Jahsonic (Talk | contribs) Next diff → |
||
| Line 1: | Line 1: | ||
| {{Template}} | {{Template}} | ||
| + | |||
| + | '''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 ''nonnegligent manslaughter''. | ||
| + | |||
| + | == 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” For example, if a man were to come home and find his wife in bed with another man and kill both of them in a jealous rage, this might be considered adequate provocation and thus voluntary manslaughter. Provocation is no longer a recognised defence. | ||
| + | |||
| + | == State of mind== | ||
| + | |||
| + | === Imperfect Self-Defense === | ||
| + | |||
| + | In some jurisdictions, malice can also be negated by imperfect [[Right of self-defense|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. | ||
| + | |||
| + | === 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 manslaughters 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. | ||
| {{GFDL}} | {{GFDL}} | ||
Revision as of 21:13, 28 December 2008
|
Related e |
|
Featured: |
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 nonnegligent 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” For example, if a man were to come home and find his wife in bed with another man and kill both of them in a jealous rage, this might be considered adequate provocation and thus voluntary manslaughter. Provocation is no longer a recognised defence.
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.
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 manslaughters 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.
