Voluntary and involuntary manslaughter typically have a more lenient punishment scheme than murder because the criminal intent is less heinous. 1 Often manslaughter functions as an imperfect defense to murder, based on the less serious sentencing options. In general, voluntary manslaughter is graded higher than involuntary manslaughter. 2 Some states divide manslaughter into degrees, rather than classifying it as voluntary and involuntary, with first-degree manslaughter punished more severely than second-degree manslaughter. 3 The Model Penal Code grades all manslaughter as a felony of the second degree (Model Penal Code § 210.3(2)) and grades negligent homicide as a felony of the third degree (Model Penal Code § 210.4(2)).
KEY TAKEAWAYS
- Murder is a killing supported by the criminal intent of malice or purposely, knowingly, or recklessly under circumstances manifesting extreme indifference to life. Manslaughter is a killing supported by malice negated by a heat of passion, reckless, or negligent criminal intent.
- Voluntary manslaughter is a killing that occurs during an adequately provoked heat of passion.
- An adequate provocation is one sufficient to goad a reasonable person into killing and that actually provokes the defendant into killing.
- A killing must occur during a heat of passion to be classified as voluntary manslaughter.
- If a killing occurs before the heat of passion is provoked or after the heat of passion has cooled, it probably will be classified as murder.
- Voluntary manslaughter is supported by murder intent that has been negated in an adequately provoked heat of passion. Involuntary manslaughter lacks murder intent altogether.
- The three types of involuntary manslaughter are misdemeanor manslaughter, reckless or negligent involuntary manslaughter, and vehicular manslaughter.
- Manslaughter is typically graded lower than murder. Voluntary manslaughter is typically graded higher than involuntary manslaughter. The Model Penal Code grades all manslaughters as felonies of the second degree and grades negligent homicide as a felony of the third degree.
EXERCISES
Answer the following questions. Check your answers using the answer key at the end of the chapter.
- How does the Model Penal Code classify criminal homicides?
- Read Stevensv. State, 691 N.E.2d 412 (1997). Why did the Indiana Supreme Court affirm the lower court’s decision to refuse a jury instruction on voluntary manslaughter in this case? The case is available at this link: https://scholar.google.com/scholar_case?case=17743318345966072534&hl=en&as_sdt=2002&as_vis=1
- Read Tripp v. State, 374 A.2d 384 (1977). In this case, the defendant killed his ex- girlfriend, her mother, her niece, and her son. Did the Maryland Court of Appeals hold that the victim must be the source of adequate provocation in a voluntary manslaughter case? The case is available at this link: https://scholar.google.com/scholar_case?case=17743318345966072534&hl=en&as_sdt=2002&as_vis=1
- Read Walkerv. SuperiorCourt, 47 Cal.3d 112 (1988). What was the basis for the involuntary manslaughter charge against the defendant in this case? Did the California Supreme Court uphold this charge? The case is available at this link: https://scholar.google.com/scholar_case?case=11713950418773441100&hl=en&as_sdt=2&as_vis=1&oi=scholarr
LAW AND ETHICS
Should Killing an Abortion Doctor Be Voluntary Manslaughter?
- What are some of the consequences of allowing the charge of voluntary manslaughter in this situation?
Check your answer using the answer key at the end of the chapter.
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