What is voluntary manslaughter vs second degree?

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asked Apr 29 in Law/Ethics by 88rigspooner (860 points)
What is voluntary manslaughter vs second degree?

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answered Apr 29 by 123devon (6,720 points)
The difference between voluntary manslaughter and second degree murder is the second degree murder is a charge that requires the intent to kill or the intent to inflict serious bodily harm but also covers situations where the defendant engaged in extreme reckless disregard for human life.

And Voluntary manslaughter is similar to second degree murder in that the defendant intends to harm but did not plan to do so.

A good example of someone committing voluntary manslaughter would be a husband who comes home unexpectedly to find his wife committing adultery.

Adultery is extramarital sex that is considered objectionable on social, religious, moral, or legal grounds.

Although the sexual activities that constitute adultery vary, as well as the social, religious, and legal consequences, the concept exists in many cultures and is similar in Christianity, Judaism and Islam.

Then the married man would either kill his wife or kill the man who was having sex with his wife.

That would then be an example of voluntary manslaughter as the murder would happen in the heat of the moment.

Voluntary Manslaughter is usually defined as an intentional killing in which the offender who killed the person or people had no prior intent to kill, such as a killing that occurs in the "heat of passion."

The circumstances leading to the killing in voluntary manslaughter must be the kind that would cause a reasonable person to become emotionally or mentally disturbed.

Manslaughter is the crime of killing a human being without malice aforethought, or otherwise in circumstances not amounting to murder.

Manslaughter is a common law legal term for homicide considered by law as less culpable than murder.

The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th century BC.

The definition of manslaughter differs among legal jurisdictions.

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