Legal term
Voluntary manslaughter
Answer: Voluntary manslaughter. At common law and in many jurisdictions, an unlawful killing without malice is mitigated from murder when committed in the heat of passion upon adequate provocation. Federal law classifies this category as an unlawful killing “upon a sudden quarrel or heat of passion.” Some states instead use the MPC’s extreme‑emotional‑disturbance framework.
Rule to remember
Voluntary manslaughter is the unlawful killing of a human being without malice, committed in the heat of passion upon adequate provocation, which mitigates what would otherwise be murder.
Key elements and checks
- Unlawful killing without malice aforethought.
- Heat of passion caused by adequate provocation.
- Provocation assessed by a reasonable‑person standard; mere words traditionally insufficient.
- Mitigates murder to a lesser homicide; distinct from unintentional killings punished for lack of due caution.
- Meaningful state variation: some jurisdictions follow the MPC’s extreme‑emotional‑disturbance approach instead of strict provocation.
In the source’s words
“the killing of another person without deliberation, premeditation, or malice aforethought while in the heat of passion”
voluntary manslaughter | Wex | US Law | Legal Information Institute
“Voluntary—Upon a sudden quarrel or heat of passion.”
18 U.S.C. § 1112: Manslaughter (U.S. Code)
Doctrinal details vary by state (e.g., adequacy of provocation, treatment of “mere words,” and adoption of the MPC’s EED). Always consult the relevant jurisdiction’s statute and cases.