9.6 Manslaughter

Example of Inadequate Provocation

Revisit the situation discussed in Section 9 “Example of a Spontaneous Killing”, in which Dillon kills his supervisor Frank with a brass paperweight after Frank fires him. Clearly, Frank’s conduct provokes Dillon into killing Frank. However, getting fired would not provoke a reasonable person into a killing frenzy. In fact, reasonable people are fired all the time and learn to live with it peacefully. Therefore, in this example, Dillon’s crime is most likely murder, not voluntary manslaughter.

Example of Adequate Provocation

A traditional example of provocation that is adequate to reduce a crime from murder to manslaughter is an observation by one spouse of another spouse in the act of adultery (Ohio v. Shane, 2011). For example, José comes home from work early and catches his wife in bed with his best friend. He becomes so enraged that he storms over to the dresser, grabs his handgun, and shoots and kills her. Clearly, José acts with intent to kill. However, the victim provoked this intent with an act that could cause a reasonable person to kill. Thus José has probably committed voluntary manslaughter in this case, not murder.

Other Examples of Adequate Provocation

Other examples of adequate provocation are when the homicide victim batters the defendant and a killing that occurs during a mutual combat (Ohio v. Shane, 2011). Cases have generally held that words alone are not enough to constitute adequate provocation (Girouard v. State, 2011). Thus in the adequate provocation example in Section 9 “Example of Adequate Provocation”, if a friend told José that his wife was committing adultery, and José responded by shooting and killing his wife, this would probably be murder, not voluntary manslaughter.

Concurrence of the Killing and the Heat of Passion

The second requirement of voluntary manslaughter is that the killing occur during a 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 time lapse between the victim’s provocation and the killing (State v. Cole, 2010). Analyze the adequate provocation example discussed in Section 9 “Example of Adequate Provocation”. 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.

Misdemeanor Manslaughter

Misdemeanor manslaughter, also called unlawful act manslaughter, is a criminal homicide that occurs during the commission or attempted commission of a misdemeanor. The Model Penal Code completely rejects misdemeanor manslaughter. There is a trend to follow the Model Penal Code’s example and abolish misdemeanor manslaughter. Most states that prohibit misdemeanor manslaughter only include misdemeanors that are inherently dangerous to life in the criminal statute, excluding strict liability misdemeanors or malum prohibitum crimes (K.S.A., 2010). A minority of states and the federal government include strict liability or malum prohibitum crimes in their misdemeanor manslaughter statutes (21 O.S., 2010). In either jurisdiction, the defendant need only possess the criminal intent for the misdemeanor to be guilty of the killing.

Reckless or Negligent Involuntary Manslaughter

States and the federal government also criminalize reckless or negligent involuntary manslaughter (Ala. Code, 2011). Reckless or negligent involuntary manslaughter is a more common form of manslaughter than misdemeanor manslaughter. The Model Penal Code defines reckless homicide as manslaughter and a felony of the second degree (Model Penal Code § 210.3). The Model Penal Code defines negligent homicide as a felony of the third degree (Model Penal Code § 210.4).

Reckless involuntary manslaughter is a killing supported by the criminal intent element of recklessness. Recklessness means that the defendant is aware of a risk of death but acts anyway. Negligent involuntary manslaughter is a killing supported by the criminal intent element of negligence. Negligence means that the defendant should be aware of a risk of death, but is not. This category includes many careless or accidental deaths, such as death caused by firearms or explosives, and a parent’s failure to provide medical treatment or necessities for his or her child. Reckless and negligent criminal intent is discussed in detail in Chapter 4 “The Elements of a Crime”.

As stated in Section 9.5.1 “Depraved Heart Murder”, reckless or negligent involuntary manslaughter is often similar to second-degree depraved heart murder. If the prosecution charges the defendant with both crimes, the trier of fact determines which crime is appropriate based on the attendant circumstances.

Vehicular Manslaughter

Vehicular manslaughter is typically either the operation of a motor vehicle with recklessness or negligence resulting in death or the operation of a motor vehicle under the influence of alcohol or drugs resulting in death (N.Y. Penal Law §125.12, 2010). Some states have specific vehicular manslaughter statutes (Cal. Penal Code, 2011). In states that do not, the defendant could be prosecuted under a jurisdiction’s misdemeanor or unlawful act manslaughter statute if the defendant violates a vehicle code section. Vehicular manslaughter can also be prosecuted under a jurisdiction’s reckless or negligent involuntary manslaughter statute, depending on the circumstances. If the defendant uses a motor vehicle as a weapon to kill the victim, the intent to kill is present and the appropriate crime would be murder.