Chapter 30: Article 119, UCMJ manslaughter
§ 30:1
Elements
§ 30:2
Discussion
§ 30:3
Standard Instructions
§ 30:4
Maximum Punishments
§ 30:5
Lesser Included Offenses
§ 30:1 – Elements
Voluntary Manslaughter
This chapter is largely about defenses. The elements of the offense are relatively self-explanatory. A killing of a human being is unlawful when done without justification or excuse. Rule for Courts-Martial 916 describes the applicable justification and excuse defenses in the Uniform Code of Military Justice.
Voluntary manslaughter involves a killing done in the heat of sudden passion caused by adequate provocation. The offense necessarily places some of the blame for the event on the provocateur. Defense counsel should examine that feature of the law and carefully scrutinize the victim’s behavior. The line between self-defense and voluntary manslaughter can be awfully difficult to see sometimes.
The distinction between premeditated murder and voluntary manslaughter is even more difficult in combat related homicide cases. Defense counsel really needs to make an effort to personally interview witnesses as soon as possible. The authors have seen cases in which witnesses were compelled by law enforcement and promises of immunity to change their version of events to suggest facts consistent with a premeditated or unpremeditated murder. If there are witnesses that might be exculpatory, every effort must be made to reach those witnesses as soon as possible and preserve their exculpatory version of events.
§ 30:3 - Standard Instructions
Standard Instructions
DA Pamphlet 27-9
3-44-1: Voluntary Manslaughter.
3-44-2: Involuntary Manslaughter.
§ 30:4- Maximum Punishment
The maximum punishment for voluntary manslaughter is dishonorable discharge, forfeiture of all pay and allowances, and confinement for 15 years. When there is a death of a child under the age of 16 years, the maximum confinement is 20 years.
The maximum punishment for involuntary manslaughter is a dishonorable discharge, forfeiture of all pay and allowances, and confinement for 10 years. The maximum confinement escalates to 15 years for the death of a child under 16 years.
§ 30:5 – Lesser Included Offenses
The lesser-included offenses for voluntary manslaughter includes involuntary manslaughter, Article 128 – assault consummated by battery and aggravated assault, Article 134 – assault with intent to commit involuntary manslaughter, Article 134 – negligent homicide, and Article 80 – attempts.
The lesser-included offenses for involuntary manslaughter includes Article 128 – assault and assault consummated by a battery, and Article 134 – negligent homicide.
Elements
§ 30:2
Discussion
§ 30:3
Standard Instructions
§ 30:4
Maximum Punishments
§ 30:5
Lesser Included Offenses
§ 30:1 – Elements
Voluntary Manslaughter
- That a certain named or described person is dead;
- That the death resulted from the act or omission of the accused;
- That the killing was unlawful; and
- That at the time of the killing, the accused had the intent to kill or inflict great bodily harm upon the person killed. [If applicable, add, that the person killed was a child under the age of 16 years.]
- That a certain named or described person is dead;
- That the death resulted from the intentional act of the accused;
- That the killing was unlawful; and,
- That this act or omission of the accused constituted culpable negligence, or occurred while the accused was perpetrating or attempting to perpetrate an offense directly affecting the person other than burglary, sodomy, rape, robbery, or aggravated arson. [If applicable, add, that the person killed was a child under the age of 16 years.]
This chapter is largely about defenses. The elements of the offense are relatively self-explanatory. A killing of a human being is unlawful when done without justification or excuse. Rule for Courts-Martial 916 describes the applicable justification and excuse defenses in the Uniform Code of Military Justice.
Voluntary manslaughter involves a killing done in the heat of sudden passion caused by adequate provocation. The offense necessarily places some of the blame for the event on the provocateur. Defense counsel should examine that feature of the law and carefully scrutinize the victim’s behavior. The line between self-defense and voluntary manslaughter can be awfully difficult to see sometimes.
The distinction between premeditated murder and voluntary manslaughter is even more difficult in combat related homicide cases. Defense counsel really needs to make an effort to personally interview witnesses as soon as possible. The authors have seen cases in which witnesses were compelled by law enforcement and promises of immunity to change their version of events to suggest facts consistent with a premeditated or unpremeditated murder. If there are witnesses that might be exculpatory, every effort must be made to reach those witnesses as soon as possible and preserve their exculpatory version of events.
§ 30:3 - Standard Instructions
Standard Instructions
DA Pamphlet 27-9
3-44-1: Voluntary Manslaughter.
3-44-2: Involuntary Manslaughter.
§ 30:4- Maximum Punishment
The maximum punishment for voluntary manslaughter is dishonorable discharge, forfeiture of all pay and allowances, and confinement for 15 years. When there is a death of a child under the age of 16 years, the maximum confinement is 20 years.
The maximum punishment for involuntary manslaughter is a dishonorable discharge, forfeiture of all pay and allowances, and confinement for 10 years. The maximum confinement escalates to 15 years for the death of a child under 16 years.
§ 30:5 – Lesser Included Offenses
The lesser-included offenses for voluntary manslaughter includes involuntary manslaughter, Article 128 – assault consummated by battery and aggravated assault, Article 134 – assault with intent to commit involuntary manslaughter, Article 134 – negligent homicide, and Article 80 – attempts.
The lesser-included offenses for involuntary manslaughter includes Article 128 – assault and assault consummated by a battery, and Article 134 – negligent homicide.
