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What is voluntary manslaughter?

Voluntary manslaughter occurs when a person intentionally kills another person after adequate provocation; that is, there has been action that was sufficient to incite an ordinary person to sudden and intense passion such that s/he loses self-control. It should be noted that the time between provocation and the killing should not be long enough for the passion to have cooled off.

In most states, adequate provocation is limited to the passion aroused by situations like a threat of deadly force, or at least physical, force or by finding a spouse in bed with another person. Oral threats are usually not considered adequate provocation.

(Reviewed 11.5.08)
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