Identify and discuss the elements of voluntary manslaughter

Question

What will be an ideal response?

Answer 1

• Adequate provocation: this is a jury question, but the core issue is whether the provocation involved would, under the same facts and circumstances, provoke a reasonable and prudent person to kill. Examples where juries have found adequate provocation include seduction of one's spouse, rape of a man's wife where knowledge of the crime is known to the accused shortly after the rape, and adultery.
• Heat of passion: the provocation must be of such a nature that the accused's mind became so inflamed to the point of not knowing what he or she was doing. This is not mere anger and no cold-blooded, premeditated killing can be mitigated to manslaughter. The provocation must prevent thought or reflection.
• Cooling: again, the jury must decide under the facts of the specific case whether a reasonable and prudent person would have cooled down between the time of the provocation and the killing. The greater the provocation and resulting heat of passion, the longer it make take for one to cool down.
• Causal connection: the first three elements must be shown to be connected. The provocation must cause the heat of passion and the passion must have motivated and caused the killing.