I have previously discussed the general requirements to reduce an intentional killing from murder to voluntary manslaughter under a heat of passion theory.
Yesterday, I set out several examples of acts that may constitute sufficient provocation by the victim to justify a voluntary manslaughter conviction in lieu of murder.
To recap, a murder may be reduced to voluntary manslaughter under a heat of passion theory where: 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.
Some examples of acts by the victim that generally DO NOT constitute sufficient provocation (so the defendant will be on the hook for murder) include:
1. A simple or slight assault.
2. A simple trespass. (However, a trespass combined with a physical attack or physical resistance to an eviction may suffice.)
3. A victim's refusal to engage in sex.
4. Molestation of a stranger. In other words, where the defendant kills someone he believes sexually molested a child who was not related to or emotionally close to the defendant, the molestation is not sufficient provocation, and the defendant must be convicted of murder.
5. Mere words or gestures, unless accompanied by something more.
For more in-depth information about the differences between murder and voluntary manslaughter, check out this article.
For more information like this delivered to your email, along with my special offers, giveaways, and promotions, join the Criminal Law Community (I respect your privacy and will not give or sell your information to anyone).
Yesterday, I set out several examples of acts that may constitute sufficient provocation by the victim to justify a voluntary manslaughter conviction in lieu of murder.
To recap, a murder may be reduced to voluntary manslaughter under a heat of passion theory where: 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.
Some examples of acts by the victim that generally DO NOT constitute sufficient provocation (so the defendant will be on the hook for murder) include:
1. A simple or slight assault.
2. A simple trespass. (However, a trespass combined with a physical attack or physical resistance to an eviction may suffice.)
3. A victim's refusal to engage in sex.
4. Molestation of a stranger. In other words, where the defendant kills someone he believes sexually molested a child who was not related to or emotionally close to the defendant, the molestation is not sufficient provocation, and the defendant must be convicted of murder.
5. Mere words or gestures, unless accompanied by something more.
For more in-depth information about the differences between murder and voluntary manslaughter, check out this article.
For more information like this delivered to your email, along with my special offers, giveaways, and promotions, join the Criminal Law Community (I respect your privacy and will not give or sell your information to anyone).
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