Voluntary manslaughter is a form of homicide that occurs without premeditation, deliberation, or malice aforethought. It is the killing of a human being in which the offender acted during the heat of passion, under circumstances that would cause a reasonable person to become emotionally or mentally disturbed to the point that they cannot reasonably control their emotions. Voluntary manslaughter requires the same intent as murder, but the charge of murder is reduced to manslaughter when the defendants culpability for the crime is "negated" or mitigated by adequate provocation. The difference between voluntary and involuntary manslaughter is that voluntary manslaughter involves an intentional killing, but it’s distinguished from murder by the circumstances that led to the act. Often referred to as a “crime of passion,” voluntary manslaughter typically occurs in the heat of the moment, often following a provocation that would cause a reasonable person to lose self-control. Involuntary manslaughter, on the other hand, is the killing of a human being without malice and without premeditation and deliberation. It is negligently causing the death of another person.
To prove voluntary manslaughter, the State must establish that the defendant killed the victim by committing an intentional and unlawful act that is a felony or that is likely to cause death or great bodily harm, and the defendant’s act was the proximate cause of the victim’s death. Voluntary manslaughter includes two specific types of unlawful killings: killing a person in sudden anger or heat of passion, which negates the malice required for second-degree murder, and a killing for which the defendant has an imperfect right to self-defense.
Sentencing for the crime of voluntary manslaughter varies greatly by state, but it is usually less than that imposed for first-degree murder or second-degree murder. Federal criminal law allows defendants to be sentenced to a fine or imprisonment, but the imprisonment cannot be more than ten years. Similarly, Michigan law restricts punishment for voluntary manslaughter to imprisonment of no more than fifteen years.