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The second requirement of voluntary manslaughter is that the killing occur duringa heat of passion. Defendants generally exhibit rage, shock, or fright when experiencing a heat of passion. This emotional state negates the calm, deliberate, intent to kill that supports a charge of murder. However, heat of passion mental states are typically brief in duration. Thus there cannot be a significant timelapse between the victim’s provocation and the killing. 1 Analyze the adequate provocation example discussed in. If José waits until the next day to shoot and kill his wife, the crime is most likely premeditated first-degree murder, not voluntary manslaughter.
Figure 9.7 Diagram of Voluntary Manslaughter
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