Voluntary Manslaughter Elements and Some Considerations

Voluntary Manslaughter Voluntary manslaughter is an intentional killing of one human by another human that occurs when a person kills without premeditation, without malice, and after serious provocation that occurred immediately prior to the killing.

Voluntary Manslaughter The act takes place when there has been adequate provocation that would cause an ordinarily reasonable human to lose control and commit the crime in the heat of passion, without reflection, and without “cooling down” and without malice.

Voluntary Manslaughter For example: Homer Simpson arrived home early one evening to find his wife, Marge Simpson, having an extramarital fling, in the Simpsons’ bed, with the next door neighbor’s wife and husband. Homer Simpson normally was fairly well adjusted and level headed, but seeing his wife sexually involved with another couple caused him to become so distressed, angry, and upset that he picked up the heavy lamp from the bedside table, and “beaned” the other man and woman with the heavy lamp, killing both of the paramours. In this example of voluntary manslaughter, Homer Simpson will likely face two voluntary manslaughter charges, as he had no prior ill will toward the couple, but acted in the “heat of passion,” without reflection, upon adequate provocation, and without cooling down.

Voluntary Manslaughter Elements 1. Provocation must have been sufficient, and legally adequate, to have aroused the average person to lose control and it must be from the events at hand. 2. The provocation must have actually caused the defendant to lose control. 3. The killing must occur quickly and without time to “chill” or for reason to return. 4. The average person would still have been under the influence of the rage and passion. 5. The defendant must not have personally “cooled” and reason must have not returned prior to the killing for the crime to be voluntary manslaughter.