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Acts Sufficient to Reduce Murder to Voluntary Manslaughter under a Heat of Passion Theory

2/8/2012

2 Comments

 
When someone kills another in the heat of passion, the murder may be reduced to voluntary manslaughter. 

The elements, or requirements, necessary to find heat of passion voluntary manslaughter are:  1) the victim provoked the defendant, 2) the provocation caused the defendant to act rashly and under the influence of intense emotion, obscuring his judgment and reasoning, and 3) the provocation would have caused the average person to act rashly.

Not everything a victim does can be sufficiently provocative that it will support a voluntary manslaughter conviction (as opposed to murder).  Acts that may constitute adequate provocation (depending on the circumstances) include:

1.  A violent physical attack by the victim.
2.  Mutual combat or a fight between the defendant and victim, as long as the defendant did not start the fight.
3.  The victim's murder of a member of the defendant's family.
4.  A spouse's adultery.

Check out this post for examples of acts that will not justify reduction of murder to voluntary manslaughter.

For more in-depth information about the differences between murder and voluntary manslaughter, check out this article.

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2 Comments
Edward Cain link
7/3/2022 02:04:05 pm

Very crreative post

Reply
Gwynne link
11/2/2022 09:05:53 am

Judgement can sometimes be short circuited. Sad and wrong.

Reply



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    Author

    Blythe Leszkay is a successful and experienced criminal attorney, criminal law professor, and consultant to writers and filmmakers.  See About Me.  This blog is intended to answer common criminal law questions, dispel misconceptions, and explain misunderstood criminal law concepts.  It is also a place to discuss any crime or law related topics of interest.  Contact me for a free initial consultation on your film or writing project.

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