Wednesday, February 26, 2014

Note to self

Note to self: write about how voluntary manslaughter shows the depravity of the world, in case anyone needed any convincing. More specifically, depravity of an individual, of you and me. Because there is a defense to murder, or, more accurately, a doctrine that will mitigate a murder to voluntary manslaughter. That is the provocation doctrine, and that doctrine is based on the “recognition that the human courier is accompanied by the luggage of imperfection.” Kevin Bennardo. --> Basically saying that we as a society will excuse an intentional killing because we recognize human imperfection in situations of provocation. We may even justify it. (And big debate b/w whether the provocation defense falls under excuse or justification.) Put another way, “it is a concession to the infirmity of human nature, not an excuse for undue or abnormal irascibility, and, therefore to be considered in view of all circumstances.” Judge Christiancy.

Omg so good --> however “voluntary manslaughter has never been a female-friendly doctrine.” Emily L. Miller. Most of voluntary manslaughter is acted out by males, and many of them male-on-female violence. “Provocation is a male-centered and male-dominated defense. Although the defense is supposedly founded on compassion for ordinary human infirmity, it is really a legal disguise to (partially) excuse male aggression by treating me ‘as natural aggressors, and in particular women’s natural aggressors.’” --> OH SNAP. But from a Christian viewpoint……I wonder if this isn't the way sin has warped the sexes. That women became nagging and derogatory, and men responded with domestic abuse (physical, verbal, emotional) and, in some cases, homicide.


Alternatively (you see, there are so many ways the law can be interpreted), we can just completely get rid of the category of “voluntary manslaughter” and decide that any homicide that was “voluntary” is murder.

Criminal law is SO INTERESTING.

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