More on Murder

Intentional killings based on provocation fall under voluntary manslaughter, a lesser charge to first or second degree murder.

Girouard v. State (1981, Maryland)

Facts
Mr. Girouard and his wife had been married for two months. He found out she was cheating on him, and an argument ensued. Girouard’s wife stated “I never did want to marry you and you are a lousy fuck and you remind me of my dad.” She then threatened to report him for domestic abuse (not true). He stabbed her 19 times and killed her.

Girouard was convicted of second degree murder. He appealed for manslaughter, on the grounds that he was provoked.

Question
Was this provocation?

Holding
No

Reasoning
Words alone are not sufficient to complete provocation. We want a society where people can handle some harsh verbal abuse without going vigilante. Plus, it’s too easy to claim verbal provocation after the fact since the victim is dead.

And the winner is…
Maryland

Hypothetical
Hearing about an affair is not provocation. Walking in on an affair is provocation.

Cooling Time Doctrine
If too much time elapses between the provoking event and homicide, you are looking at a murder charge. Voluntary manslaughter is not in play. Application of this doctrine differs among jurisdictions.

summarized from Life of a Law Student