Voluntary manslaughter

[Grunty]

A US soldier has been charged with voluntary manslaughter. In the UK, if there is intent to kill or to do serious bodily harm it is murder. An unlawful act leading to a death can be manslaughter. In US law, how does voluntary manslaughter differ from other grades of homicide?

[jake-the-peg]

MANSLAUGHTER, VOLUNTARY - In order for someone to be found guilty of voluntary manslaughter the government must prove that the person killed another person; the person acted in the heat of passion; and heat of passion was caused by adequate provocation.

Heat of passion may be provoked by fear, rage, anger or terror. Provocation, in order to be adequate, must be such as might naturally cause a reasonable person in the passion of the moment to lose self-control and act on impulse and without reflection.

http://www.lectlaw.com/def2/m012.htm

This is what I had always understood to be second degree murder in the American system.

The above site states that the difference between first and second degree is only in the sentence and it's up to the prosecution's discretion whether to charge with first or second degree - seems a tad confusing

[Grunty]

It seems more than a tad confusing Jake, not least because I would have thought that in the heat of passion he would be acting involuntarily. Still, I appreciate your help.

[Peter Pedant]

British readers - actually English but I dont think the law is much diffent in Scotland - should note that virutally nothing of this applies to English criminal law.

murder - no degrees
manslaughter
and the rest (infanticide etc)


manslaughter is divided into statutory defence and manslaughter by gross negligence

This is very simplified - lawyers cover reams of paper wondering if reckless manslaughter still exists or is a type of gross negligence, and so on and so on.