Class #16: Intentional Manslaughter--Heat of Passion (Common Law)

Manslaughter doctrine presents one of the great problems of criminal responsibility. A defendant who has been provoked may well be less culpable than a defendant who killed for some other reason. But, should the provocation be enough to make the killing a different crime? Or, should less culpable killers be identified in some other way (for example, “extreme emotional disturbance”)? In this assignment, we will contrast the common law and MPC/NYPL’s differing approaches to killings motivated by strong emotions. We will explore in some depth the difference between objective and subjective approaches to “reasonableness,” which is key to understanding manslaughter doctrine. You should also pay particular attention to the role that gender plays in these killings.