What exactly is voluntary manslaughter?
Voluntary manslaughter, or third degree murder as it is sometimes
titled, is defined as the intentional taking of a person's life by
another person with no prior intent to kill or premeditation. It is
informally called a "heat of passion" killing as voluntary manslaughter
requires that the killer commit the homicide while in an emotional
state that inhibits him or her from behaving rationally. In order for a
killing to be ruled as voluntary manslaughter it must meet two
provisions.
Provocation
First, there must have been sufficient provocation. Of course, every
person has their own individual breaking point and, due to variations
in genetics as well as vastly different pasts, some people are more
violent than others. So, because what may light one man's fuse will not
light another's, there is a standard for ruling what can be considered
"sufficient provocation."
Sufficient provocation is defined as anything that would cause a
reasonable person to lose control. It is important to note that the
reasonable person in consideration when determining whether the
provocation was sufficient is not the actual person on trial. The
reasonable person is in actuality a theoretical individual, the same
age and gender of the defendant, who behaves within society as would be
considered "normal" or "ideal."
Time
Once it has been determined if the provocation was sufficient then the
second provision must be considered. The second provision is time.
Between the provocation and the killing there must not have been enough
time for what is called a "cooling off period" during which it can be
theorized that the killer would have been able to regain his or her
senses and taken the rational course of action.
For example, if a woman comes home to find her child being abused by a
neighbor and, enraged by the discovery, kills this person, then she
would most likely be charged with voluntary manslaughter. However, if
she were instead to learn of the abuse after the fact, purchase a gun
the next day, seek out the neighbor and shoot him, then she would not
be charged with voluntary manslaughter.
In the first scenario there is no time between the killing and the
provocation -- the mother's child being abused -- to warrant a "cooling
off." In the second scenario it could easily be argued that there was
enough time for the mother to compose herself and simply report the
abuse to the police, as well, purchasing a gun demonstrates
premeditation and intent to kill.
How is it different from involuntary
manslaughter?
Voluntary manslaughter is separated from involuntary manslaughter by a
lack in latter of intent to kill or cause serious harm. In the instance
of involuntary manslaughter, the victim's death is an unforeseen
consequence of the perpetrator's actions. These actions can be lawful
yet demonstrate criminal negligence which is considered to be any
behavior that exceeds ordinary negligence but does not surpass the
point at which it would demonstrate reckless indifference. They can
also be unlawful, such as when a killing occurs during a misdemeanor.
For example, while driving a man causes an accident in which the driver
of the other vehicle is killed. Despite the death, the man will most
likely not be charged of a crime though the victim's family can file a
civil suit forcing the man to pay for damages. Take the same example
and suppose he were driving well over the speed limit and ran a red
light. His intention was not to cause the other driver's death but his
actions demonstrated a criminal negligence and he would most likely be
charged with involuntary manslaughter. If that same man were to be
driving in such a negligent manner that it demonstrates a reckless
indifference he could be charged with voluntary manslaughter or murder.
How does the punishment fit the crime?
While considered to be less severe than murder, voluntary manslaughter
is still a serious crime. As well, the sentencing will not only vary
from each state but also in accordance to the circumstances of the
case. If found guilty of voluntary manslaughter one can expect to serve
anywhere from 5 to 20 years in prison with an average maximum of 15
years. A good lawyer may be able to reduce prison time. The convicted
party may also be fined for damages.