Voluntary Manslaughter in Tennessee
The offense of voluntary manslaughter has the distinction of being the offense most depicted in Lifetime movies and country-western songs, usually being carried out by a scorned lover who has caught his or her significant other in a compromising position with another individual. It is most noteworthy in the legal field for being the offense that many individuals actually try to get convicted of, as it is usually a favorable alternative to a potential first or second degree murder conviction. Voluntary manslaughter is distinguishable from the two more serious offenses in that it contemplates that an individual is not fully responsible for his or her actions in killing another person because the killing party was in an impassioned state of mind.
The voluntary manslaughter statute in Tennessee, T.C.A. 39-13-211, defines the offense of voluntary manslaughter as follows:
Voluntary manslaughter is the intentional or knowing killing of another in a state of passion produced by adequate provocation sufficient to lead a reasonable person to act in an irrational manner.
It thus becomes clear that voluntary manslaughter has many elements, the first being that the killing must be intentional or knowing, as opposed to accidental or the result of some form of negligent behavior. The second element, the fact that a defendant is in a state of passion, is the one that criminal defendants usually find themselves trying to prove that they are guilty of as opposed to trying to prove their innocence. To prove this, the defendant has to show that he or she was in a state of excitement, rage, or some other emotion to the extent that it influenced the defendant’s actions.
Finally the defendant must prove that he or she was placed in an impassioned state due to “adequate provocation sufficient to lead a reasonable person to act in an irrational manner.” This means that someone must have provoked the defendant to the extent that a reasonable person would have been impassioned enough to kill someone. A classic case of such provocation is betrayal by a lover or spouse or knowing someone has harmed a familiar member, especially if that family member is a child. An example of inadequate provocation would be someone stealing your parking space at the mall or someone sitting in your seats at Neyland Stadium. No reasonable person, regardless of their road rage or love for the Big Orange, gets worked up to the point of murder over these circumstances and such provocation would be insufficient to allow a jury to find that a voluntary manslaughter occurred rather than a more serious offense.
Voluntary Manslaughter is a Class D Felony in Tennessee, meaning individuals convicted of the offense face up to twelve years in prison, which is a substantial amount of time but also a far cry from the maximum penalties for the more serious homicide offenses discussed in previous blogs. Individuals in the East Tennessee area who are facing a homicide charge should contact an experienced criminal defense attorney to help them present their best possible defense.
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