Voluntary and Involuntary Manslaughter

In: People

Submitted By georgekargbo
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Ch. 3 Homicide
Manslaughter= killings which lack malice aforethought; or where malice is mitigated
-In some cases, a killing is manslaughter because there is simply no intention on the part of the killer to cause the death of another but death results from a reckless act.
-In other cases, killing is intentional but is mitigated, or reduced, from murder to manslaughter because of the surrounding circumstances.
Malice Aforethought= the conscious intent to cause death or great bodily harm to another person before a person commits the crime. Such malice is a required element to prove first degree murder.

Voluntary Manslaughter
Voluntary Manslaughter= killings that are the natural and probable result of the defendant’s recklessness, or conscious disregard for human life or safety.
*An unlawful killing caused by a willful act done with full knowledge and awareness that the person is endangering the life of another, and done in conscious disregards of that risk is voluntary manslaughter or murder.
-California Penal Code 192(a) defines voluntary manslaughter as the “unlawful killing of a human being without malice.” * Heat of Passion Killings: killing in response to legally adequate provocation (malice is mitigated) * Imperfect Self-Defense : killing with an honest but unreasonable belief in the right to use deadly force (malice is mitigated)
Elements of Voluntary Manslaughter: * Actus reus- the intentional killing of another * Mans rea- the killer acted either: * Under a sudden heat of passion in response to a legally adequate provocation; or
-They must experience a sudden heat of passion, and must not have an opportunity to “cool off”” prior to the act of killing.
-Examples of something the law recognizes as adequate: the murder of a family member, a sudden and violent quarrel, or the infidelity of a lover.
-Examples of provocation that is…...

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