Voluntary manslaughter includes the intentional unlawful killing of the person by a defendant. To prove this crime, the Commonwealth must prove beyond a reasonable doubt the following elements:
- Intention
- That the defendant intentionally inflicted an injury or injuries likely to cause death upon the deceased that caused their death.
- That the defendant acted unlawfully.
- An unlawful killing is a killing done without excuse. Not all killings are unlawful. A killing may be excusable, for example, in the case of self-defense, defense of another or accident. If the Commonwealth fails to prove each of those elements beyond a reasonable doubt, you cannot be convicted of voluntary manslaughter.
Excessive Force in Self-Defense
Voluntary manslaughter includes the intentional and unlawful killing of another human being as a result of the use of excessive force in self-defense. In these types of cases, a jury must consider whether the Commonwealth has proved beyond a reasonable doubt that a defendant used excessive force in defending themselves or in some cases another person. If the Commonwealth cannot prove that a defendant used excessive force in rightfully defending themselves or another person, then you can not be found guilty of voluntary manslaughter through the use of excessive force in self-defense.