CR24-201 04/29/16
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 sudden passion or great provocation that would mitigate, but
not justify, the killing. Sudden passion
or great provocation can reduce a charge of murder to a charge of voluntary
manslaughter. Here, however, the State
has charged (Def)_______________ with voluntary
manslaughter. Neither sudden passion nor
great provocation can excuse this charge or mitigate it to a lesser offense.
Every
crime is made up of essential elements.
Before (Def)_______________ can be found guilty
of voluntary manslaughter, 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.
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 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 great bodily harm, or (3) a wanton
disregard of the likelihood that death or great bodily harm would result.
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.
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.