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Subjective limb: provocation in fact: It was a question of fact for the jury whether the defendant was in fact provoked. The loss of control had to be sudden and temporary.^[9] However, it could be the result of slow burn with a relatively minor ‘final straw’.
Objective limb: the reasonable man test: The provocation had to be enough to make a reasonable man do as the defendant did. The reasonable man had the same sex and age as the defendant and such characteristics as affected the gravity of the provocation to the defendant, but characteristics irrelevant to the provocation such as unrelated mental disorders were not given to the reasonable man.^[10] Finally, the reasonable man always had reasonable powers of self control.^[11] and is never intoxicated.^[12]

[edit] Suicide pacts

Section 4(1) of the Homicide Act 1957 introduced the defence of suicide pact in England and Wales. Parliament's intention was to show some compassion for those who had been involved in a suicide pact but failed to die. Section 4(3) defines a suicide pact as ‘a common agreement between two or more persons having for its object the death of all of them, whether or not each is to take his own life’. The accused must have had a "settled intention of dying in pursuance of the pact" to avoid his entering into a supposed pact with the real intention of committing murder.

[edit] Infanticide

Infanticide is a separate offence from manslaughter. This offense was created by statute in some countries during the 20th century. Generally, a conviction of infanticide will be made where the court is satisfied that a mother killed her newborn child while the balance of her mind was disturbed as a result of childbirth; for instance, in cases of post-natal depression. It is a form of manslaughter, and carries the same range of sentences as a manslaughter conviction. While infanticide is a separate offense from murder, and not a reductive defense to murder (such as the defenses listed below), in practice it works in much the same way as a reductive defense.

[edit] Involuntary manslaughter

Involuntary manslaughter is the unlawful killing of a human being without malice aforethought, either express or implied. It is distinguished from voluntary manslaughter by the absence of intention. It is normally divided into two categories; constructive manslaughter and criminally negligent manslaughter.

[edit] Constructive manslaughter

Constructive manslaughter is also referred to as ‘unlawful act’ manslaughter. It is based on the doctrine of constructive malice, whereby the malicious intent inherent in the commission of a crime is considered to apply to the consequences of that crime. It occurs when someone kills, without intent, in the course of committing an unlawful act. The malice involved in the crime is transferred to the killing, resulting in a charge of manslaughter.

For example, a person who runs a red light in their vehicle and hits someone crossing the street could be found to intend or be reckless as to assault or criminal damage (see DPP v Newbury^[13]). There is no intent to kill, and a resulting death would not be considered murder, but would be considered involuntary manslaughter. The accused's responsibility for causing death is constructed from the fault in committing what might have been a minor criminal act.

[edit] United States law

In the United States, misdemeanor manslaughter is a lesser version of felony murder, and covers a person who causes the death of another while committing a misdemeanor – that is, a violation of law which doesn't rise to the level of a felony. This may automatically lead to a conviction for the homicide if the misdemeanor involved is a law designed to protect human life. Many violations of safety laws are infractions, which means that a person can be convicted regardless of mens rea.

[edit] English law

Main article: Manslaughter in English law#Unlawful act manslaughter

Constructive manslaughter in English Law is committing an unlawful dangerous act which causes death. The associated doctrine of constructive murder, under which killing in the course of committing a felony led to a charge of murder, was abolished by the Homicide Act 1957.

There are three requirements for constructive manslaughter:

The defendant must do an unlawful act. This must be a criminal, not civil, offence^[14] and must involve mens rea of intention or recklessness. Crimes involving negligence or omission will not suffice.^[15]
The act must be dangerous. Whether the act is dangerous is objectively judged from the point of view of a sober and reasonable person present at the scene who witnessed the act.^[16] The defendant need not be aware the act is dangerous^[17] and the act need not be directed at the victim.^[18]
The act must cause the death of the victim.

[edit] Criminally negligent manslaughter

Criminally negligent manslaughter is variously referred to as criminally negligent homicide in the United States, gross negligence manslaughter in England and Wales. In Scotland and some Commonwealth of Nations jurisdictions the offence of culpable homicide might apply.

It occurs where death results from serious negligence, or, in some jurisdictions, serious recklessness. A high degree of negligence is required to warrant criminal liability. A related concept is that of willful blindness, which is where a defendant intentionally puts himself in a position where he will be unaware of facts which would render him liable.

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