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MMLU / A husband suspected that his wife was having an affair. He found a letter in her…

Problem

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question

A husband suspected that his wife was having an affair. He found a letter in her car addressed to her boyfriend. When he confronted her with it she laughed derisively, admitted to the adultery in sordid detail, and taunted him with insults. He got into a rage and killed her on the spot. In the trial for first degree murder, defense counsel asked for a jury charge of voluntary manslaughter. The trial judge refused. On appeal will the husband prevail on an argument that the facts justified a charge of voluntary manslaughter?

choices

  1. No, voluntary manslaughter is only available when the adultery is witnessed in real time by the defendant.
  2. No, mere words are never a sufficient provocation to establish voluntary manslaughter.
  3. Yes, an admission of adultery always justifies a jury charge of voluntary manslaughter.
  4. Yes, there was sufficient provocation to justify a jury charge of voluntary manslaughter.

subject

professional_law

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