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The law generally differentiates between levels of criminal culpability based on the murder mens rea, or state of mind. This is particularly true within the law of homicide, where murder requires either the intent to kill – a state of mind called malice, or malice aforethought – or the knowledge that one's actions are likely to result in death; manslaughter, on the other hand, requires a lack of any prior intention to kill or create a deadly situation.

Manslaughter is usually broken down into two distinct categories: voluntary manslaughter and involuntary manslaughter; however, this is not the case in all juridictions.^[2]

[edit] Voluntary manslaughter

Voluntary manslaughter occurs either when the defendant kills with malice aforethought (intention to kill or cause serious harm), but there are mitigating circumstances which reduce culpability, or when the defendant kills only with an intent to cause serious bodily harm. Voluntary manslaughter in some jurisdictions is a lesser included offense of murder. The traditional mitigating factor was provocation; however, others have been added in various jurisdictions.

[edit] Laws in the United States

There have been many types of voluntary manslaughter. These have not been differentiated here as they are so closely related or indistinguishable that many US jurisdictions do not differentiate between them.^[3] The following are some examples of defenses which may be raised to mitigate murder to voluntary manslaughter:

• Provocation: A killing which occurs after provocation by an event which would cause a reasonable person to lose self-control. There must not be a cooling off period negating provocation. If there is an interval between the provocation and killing sufficient to allow the passion of a reasonable person to cool, the homicide is not manslaughter, but murder.
• Imperfect self-defense: Allowed only in a limited number of jurisdictions in the United States, self-defense is a complete defense to murder.^{[clarification needed (see talk page)]} However, a person who acted in self defense with an honest but unreasonable belief that deadly force was necessary to do so could still be convicted of voluntary manslaughter or deliberate homicide committed without criminal malice. Malice is found if a person killed intentionally and without legal excuse or mitigation.
• Diminished capacity is a defense which serves to negate the mental state of "malice". If a jurisdiction recognizes that a person can kill without justification, but also without any evil intent, for example due to a mental defect or mental illness, that jurisdiction is free to define the crime as something less than murder. This partial defense is only available in some US jurisdictions and not others; whereas the complete defense of insanity is available throughout the US, but rarely used because it is more difficult to show.

[edit] English law

The Homicide Act 1957 sets out three partial defences that reduce murder to voluntary manslaughter: diminished responsibility, provocation and suicide pact. Sections 52 to 56 of the Coroners and Justice Act 2009

• amend and update the partial defence of diminished responsibility, and
• abolish the partial defence of provocation and replace it with a new partial defence called "loss of control".

These changes came into force on 4 October 2010.

[edit] Diminished responsibility

This covers diminished mental responsibility for a crime falling short of the requirements of the complete defence of Insanity. Under section 2 of the Homicide Act 1957 there are three requirements for the defendant to raise the defence of diminished responsibility:

• The defendant suffered from an abnormality of mind at the time of the killing. An abnormality of mind is ‘a state of mind so different from that of ordinary human beings that the reasonable man would term it abnormal’.^[4]
• The abnormality was caused by one of the causes specified by the Act: a condition of arrested or retarded development of mind, any inherent cause or a disease or injury.
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