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Questions and Answers
What must a defendant do to be charged with any form of homicide?
What must a defendant do to be charged with any form of homicide?
- Lawfully cause the death of a human being
- Unlawfully cause injury to a human being
- Unlawfully cause the death of a human being (correct)
- Unlawfully cause the death of an animal
What can reduce a murder conviction to voluntary manslaughter?
What can reduce a murder conviction to voluntary manslaughter?
- If the defendant has a full defence
- If the defendant has the benefit of an excuse, in the form of a partial defence (correct)
- If the defendant is a minor
- If the defendant was acting in self-defense
What is a distinguishing factor between murder and voluntary manslaughter?
What is a distinguishing factor between murder and voluntary manslaughter?
- The presence of a partial defence (correct)
- The presence of a full defence
- The absence of a defence
- The absence of an unlawful act
What is required for a homicide conviction?
What is required for a homicide conviction?
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What does a defendant need to have for a murder conviction to be reduced to voluntary manslaughter?
What does a defendant need to have for a murder conviction to be reduced to voluntary manslaughter?
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What is the difference between murder and voluntary manslaughter?
What is the difference between murder and voluntary manslaughter?
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Study Notes
Homicide and its Forms
- To be charged with any form of homicide, a defendant must have committed an act that resulted in the death of another person.
Murder and Voluntary Manslaughter
- A defendant's murder conviction can be reduced to voluntary manslaughter if they can prove they acted with adequate provocation, which is a situation that would cause a reasonable person to become emotionally disturbed.
- The distinguishing factor between murder and voluntary manslaughter is the presence of adequate provocation, which is a mitigating factor that reduces the defendant's culpability.
Homicide Conviction Requirements
- For a homicide conviction, the prosecution must prove that the defendant committed an act that resulted in the death of another person.
Reducing Murder to Voluntary Manslaughter
- For a murder conviction to be reduced to voluntary manslaughter, the defendant must have acted with adequate provocation, which means they were emotionally disturbed due to the circumstances, and a reasonable person would have reacted similarly.
Murder vs. Voluntary Manslaughter
- The key difference between murder and voluntary manslaughter is the level of intent and culpability, with murder being a premeditated and intentional act, and voluntary manslaughter being a crime of passion committed in the heat of the moment.
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