ADM JUS 2 Lecture Notes - Lecture 16: Malice Aforethought, Homicide

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Manslaughter is an intentional killing, but it is a killing without malice aforethought. It makes it less than an intentional act or a product of your clear thinking intention. i. e. sudden heat of passion, provocation from victim, etc. Hot-bloodedness : murder, on the other hand, is killing with malice. Girouard v. state (adequate provocation) aforethought: facts: d overheard the victim telling a friend that her husband did not love her anymore. D got pissed and went to lie down. The victim followed him into the bedroom, stepped onto his back, pulled his hair, and said, what are you going to do, hit me? she thereafter continued to taunt and insult him. After she was through, d went to the kitchen and got a knife. He concealed it behind a pillow and returned to the bedroom. First degree argument: he went to the kitchen, got a knife, hid the knife, and waited for her to continue -

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