Voluntary manslaughter describes cases where the defendant may have an intent to cause death or serious injury,
but the potential liability for the person is mitigated by the circumstances and state of mind. The most common example
is the so-called heat of passion killing, such as where the defendant is provoked into a loss of control by unexpectedly finding a
spouse in the arms of a lover or witnessing an attack against his or her child.
There have been several types of voluntary manslaughter recognized in law, although they are so closely related, and in many cases indistinguishable, that many jurisdictions do not differentiate between them.
Types of voluntary manslaughter defenses include:
Provocation. This is a killing caused by an event or situation which would probably cause a reasonable person to lose self-control and kill.
Heat of Passion. In this situation, the actions of another cause the defendant to act in the heat of the moment and without reflection. This falls under the provocation heading.
Imperfect self-defense This is a third type, which is allowed only in some US states. By default, self-defense is a complete defense to any charge of murder. However, if a person acted in the honest but unreasonable belief that self defense justified the killing, many US states will define this deliberate homicide committed without criminal malice, a manslaughter. The word "malice" is used in the definition of murder where the act is both an intentional killing and there is no legal excuse or mitigation. The honest belief in the need for self defense mitigates the crime so that one acts intentionally but without the legal "malice". Therefore, Imperfect Self-Defense refers to an intentional killing which is unlawful but does not rise to the level of being a murder.
Diminished Responsibility is another defense to murder that will negate the charge down. Most US states require an almost complete mental breakdown to eliminate the culpable mental state of "malice". If a jurisdiction recognizes that a person can kill with justification but also without any evil intent, that jurisdiction is free to define the crime as something less than murder. Not all US states do this; in many, a mental defect or even mental illness will not reduce the seriousness of the offense whatsoever. However, if a US state legislature chooses, a diminished mental state may justify the finding of a lesser crime.
|
