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Because the killing here was done in the heat of passion and resulted from adequate provocation, the court will likely find the Defendant guilty of voluntary manslaughter.

Adequate provocation depends on whether a defendant was reasonably provoked to kill another “in the heat of passion.” For example, in State v. Z, the defendant came home from work early found his wife in bed with her lover. Consumed with rage, the defendant grabbed a loaded shotgun and killed both of them. The State v. Z court held that the defendant was guilty of voluntary manslaughter because he killed his wife and her lover upon adequate provocation, without delay and without time to reflect on his actions or their consequences.

The Defendant in the present case acted in the heat of passion, with no time to reflect on the consequences of his actions. Like the defendant in State v. Z, who was adequately provoked when he found his wife in bed with another, the Defendant in the present case was adequately provoked when he was cut off by a speeding motorist on a crowded highway. Immediately after the speeding motorist cut him off and involved both of their cars in an accident, the Defendant here pulled a handgun from his glove compartment and shot the speeding driver. Just as the State v. Z court found adequate provocation for voluntary manslaughter where the defendant was enraged upon discovering his wife with her lover, here this court will find adequate provocation where the Defendant was cut off while driving by a speeding motorist, causing him to become enraged.

Opening Conclusion

Rule

Explanation

Analysis

Voluntary manslaughter is the unlawful killing of another without malice, but with adequate provocation. Utopia Gen. Law § 52 (2007).

Closing Conclusion

The Defendant will likely be found guilty of voluntary manslaughter because he killed another in the heat of passion.