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Manslaughter And Homicide

Defending Manslaughter And Homicide Cases In Cobb County And In The Atlanta-Metropolitan Area

Manslaughter
Under Georgia law, the crime of manslaughter can be charged in one of two ways:  voluntary manslaughter and involuntary manslaughter.
 
1) Voluntary Manslaughter
 
The Offense
 
Georgia Code 16-5-2 provides that a person commits the offense of voluntary manslaughter when he causes the death of another human being under circumstances which would otherwise be murder and if he acts solely as the result of a sudden, violent, and irresistible passion resulting from serious provocation sufficient to excite such passion in a reasonable person; however, if there should have been an interval between the provocation and the killing sufficient for the voice of reason and humanity to be heard, of which the jury in all cases shall be the judge, the killing shall be attributed to deliberate revenge and be punished as murder.
 
Sentencing Range
 
A person who commits the offense of voluntary manslaughter, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than 20 years.
 
What Is The Difference Between Voluntary Manslaughter And Murder?
The difference between the two crimes is that the crime of murder requires malice and deliberation before committing the act.  Voluntary manslaughter, on the other hand, is a crime that is committed suddenly and in 'hot blood.'  In other words, it is committed in a fit of rage, which is why this offense is commonly referred to as a crime of passion.  An example is if a husband comes home and finds his wife in bed with another man.  Overcome with rage, the husband kills the other man.  Such a situation may qualify for a charge of voluntary manslaughter rather than a charge of malice murder.
 
2) Involuntary Manslaughter
 
The Offense
 
Georgia Code 16-5-3 provides that a person commits the offense of involuntary manslaughter when he:
 
  • in the commission of an unlawful act, causes the death of another human being without any intention to do so by the commission of an unlawful act other than a felony; or
  • in the commission of a lawful act in an unlawful manner, causes the death of another human being without any intention to do so, by the commission of a lawful act in an unlawful manner likely to cause death or great bodily harm.

Sentencing Range

In the first instance, upon conviction thereof, that person shall be punished by imprisonment for not less than one year nor more than ten years.

In the second instance, upon conviction thereof, that person shall be punished as for a misdemeanor.

What Is The Easiest Way To Think About This Crime?

Involuntary manslaughter merely requires the intent to do the act from which death results, but does not require the intent to kill.  Put another way, there can be no involuntary manslaughter when a person's intention is to kill another.

Homicide
Malice Murder
 
Georgia Code 16-5-1(a) states that a person commits the offense of murder when he unlawfully and with malice aforethought, either express or implied, causes the death of another human being.
 
Simply put, the legal elements for the crime of murder in the state of Georgia are:  (1) unlawfully (2) causing death of another human being (3) with malice aforethought.
 
Express malice is that deliberate intention unlawfully to take the life of another human being which is manifested by external circumstances capable of proof. Malice shall be implied where no considerable provocation appears and where all the circumstances of the killing show an abandoned and malignant heart.
 
Felony Murder
 
Georgia Code 16-5-1(c) provides that a person commits the offense of felony murder when, in the commission of a felony, he or she causes the death of another human being irrespective of malice.
 
Murder In The Second Degree
 
Georgia Code 16-5-1(c) provides that a person commits the offense of murder in the second degree when, in the commission of cruelty to children in the second degree, he or she causes the death of another human being irrespective of malice.
 
Sentencing Range
  • A person convicted of the offense of murder shall be punished by death, by imprisonment for life without parole, or by imprisonment for life.
  • A person convicted of the offense of murder in the second degree shall be punished by imprisonment for not less than ten nor more than 30 years.
What Is 'Malice?'  Is It The Same Thing As 'Premeditation?'

No.  Under Georgia law, premeditation is not a specific element of malice murder.  In fact, malice need not be formed until immediately prior to the slaying.

There have been several cases that have defined the term "malice."  Simply put, the legal definition of malice is the intent to kill in the absence of provocation.  Here are how Georgia courts have defined the term over time:

Legal malice is an unlawful intention to kill without justification or mitigation, and is not ill will or hatred. Bailey v. State, 70 Ga. 617 (1883).

Malice is wickedness of purpose; a spiteful or malevolent design against another; a settled purpose to injure or destroy another. Patterson v. State, 85 Ga. 131 (1890).

Legal malice is the intent unlawfully to take human life in cases which the law neither mitigates nor justifies. Milton v. State, 245 Ga. 20 (1980). 

Malice means the intent to take life without legal justification, excuse, or mitigation. Gatliff v. State, 90 Ga. App. 869 (1954).  

Malice is the unlawful, deliberate intention to kill a human being without excuse, justification, or mitigation. It is a state of mind and is a premeditated, deliberate intention and desire and design to unlawfully kill another human being. Mason v. Balkcom, 487 F. Supp. 554 (1980).

Malice element, which distinguishes murder from the lesser offense of voluntary manslaughter, means simply the intent to kill in the absence of provocation. McCleskey v. Zant, 580 F. Supp. 338 (1984). 

Express Malice vs. Implied Malice

Malice can be either express or implied.  Express  malice is the deliberate intention unlawfully to take a life, manifested by external circumstances; malice could be implied where no considerable provocation appeared and the circumstances of the killing showed an abandoned and malignant heart.

The Legal Requirement of Intent - Malice Aforethought
 A person's purpose or specific intent is not required to sustain a charge of malice murder.
 

Rather than affixing the terms of “specific intent” or “purpose” with respect to the legal intent required to sustain a charge of murder, Georgia has opted for the common-law requirement of malice aforethought, which may be either express or implied. Accordingly, evidence which disproves “purpose” or “desire,” such as evidence of mental deficiency, does not necessarily disprove malice aforethought.

Malice aforethought simply means a person's intent to kill, which is an essential element of the crime of murder.

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The Law Office of Addison C. Waid IV is committed to answering all your questions in your time of need. Addison Waid concentrates his practice in Cobb County, Fulton County, and all over the Atlanta-metropolitan area.

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