CR24-201 03/26/07

VOLUNTARY MANSLAUGHTER -- 13 V.S.A. § 2304 (and common law)

The State has charged (Def)_______________ with voluntary manslaughter, as follows:

[Read the charge.]

Voluntary manslaughter is an intentional, unlawful killing of another human being, committed under extenuating circumstances that would mitigate, but not justify, the killing, such as great provocation that would cause a reasonable person to lose self control.

Any person who is assaulted with violence, or with an act of extreme insult, may be provoked to a sudden impulse of anger which cannot be resisted until the person cools down. Words alone do not establish an act of extreme insult. If this person attacks his or her assailant and causes death, the killing may be found to be the result of anger, or heat of passion. A killing may be voluntary manslaughter, as opposed to murder, if (Def)_______________ was adequately provoked, did not have enough time to cool down and in fact did not cool down, and if (Def)_______________’s inability to cool down within that time was reasonable under the circumstances.

Every crime is made up of essential elements. Before (Def)_______________ can be found guilty of the charge, the State must have proven each of the essential elements beyond a reasonable doubt. In this case, the essential elements are that on the date and at the place alleged,

(1) (Def)_______________;

(2) caused the death of (victim)_______________;

(3) the killing was unlawful; and

(4) in causing the death of (victim)_______________, (Def)_______________ acted with an intent to kill, or an intent to do great bodily harm, or a wanton disregard of the likelihood that death or great bodily harm would result, even if (Def)_______________’s mental state was influenced by extenuating circumstances, such as sudden passion or great provocation that would cause a reasonable person to lose self control.

The first essential element is that (Def)_______________ is the person who committed the crime charged.

The second essential element is that (Def)_______________ caused the death of (victim)_______________. The State must have proven that (Def)_______________’s acts produced (victim)_______________’s death in a natural and continuous sequence, unbroken by any efficient intervening cause. [An efficient intervening cause would be an unexpected, independent force that broke the connection between (Def)_______________’s acts and (victim)_______________’s death.] You must conclude that (victim)_______________’s life ended by means other than natural causes, accident, or suicide. You must also conclude that, but for (Def)_______________’s acts, (victim)_______________’s death would not have occurred.

Here the State alleges that (Def)_______________ caused the death of (victim)_______________ by (specific acts)_______________.

The third essential element is that the killing was unlawful. The term unlawful killing means that (victim)_______________ was killed without legal excuse or legal justification. Legal excuse or justification ordinarily refers to such things as self-defense or legal necessity. [A killing may be justified where a person acts in self-defense, or in defense of another, or in trying to stop another person attempting to commit certain violent felonies. Here, the State must have proven that (Def)_______________ did not act in self-defense, or in defense of another, or in trying to stop another person attempting to commit (felony)_______________ with force or violence.]

The last essential element is that, in causing the death of (victim)_______________, (Def)_______________ acted with (1) an intent to kill, or (2) an intent to do great bodily harm, or (3) a wanton disregard of the likelihood that death or great bodily harm would result, even if (Def)_______________’s mental state was influenced by extenuating circumstances, such as sudden passion or great provocation, that would cause a reasonable person to lose self control.

As you consider (Def)_______________’s mental state at the time of the killing, you should consider all of the surrounding facts and circumstances, and you must decide whether the State has proven that (Def)_______________ acted with at least one of these three mental states.

A person acts intentionally if he or she acts purposely, and not inadvertently, because of mistake, or by accident. You may find that (Def)_______________ acted intentionally if it was [his] [her] conscious objective to cause death or great bodily harm to (victim)_______________.

The term great bodily harm means bodily injury which involves a substantial risk of death, serious permanent disfigurement, or long-term loss or impairment of the function of any part of an organ of the body.

As used here, a wanton act is a reckless act done with extreme indifference to the probability that someone would die as a result. It is more than extreme negligence. The State must have proven that (Def)_______________ was actually aware of the risk of death or great bodily harm, and that [he] [she] ignored that risk. In determining (Def)_______________’s state of mind, you should consider all of the facts and circumstances established by the evidence.

As used in this charge, the term sudden passion refers to such passion as would cause a reasonable person, under the same or similar circumstances, to act rashly and without reflection and deliberation. Sudden passion means that (Def)_______________ acted or reacted from emotion and not from reason.

Great provocation refers to a degree of provocation that would cause a reasonable person to lose self control and to act without thinking. A mere annoyance or irritation is not enough. Words alone, no matter how offensive, insulting or abusive, are not sufficient to provoke the use of deadly force.

If there was provocation or passion, but enough time passed between the provocation and the actions allegedly taken by (Def)_______________ to allow a reasonable person to cool down, then the acts cannot be said to have resulted from sudden passion or great provocation.

All of the elements of the offense must have been present at the same time. If the State has not proven each of the essential elements of the charge beyond a reasonable doubt, then you must find (Def)_______________ not guilty. However, if the State has proven all of the essential elements beyond a reasonable doubt, you must return a verdict of guilty.