Dead Human

Was the victim already born?

No

Could the victim have survived with reasonable care?

r

This is the standard established in Chavez.

No

No Homicide

Yes

Yes

Dead Human Being

Was the killing intentional?

r

If the killing is intentional, cause does not have to be established.

Yes

Did the defendant believe she was acting to protect herself from death or serious bodily injury?

Yes

Did the defendant start the fight?

No

Yes

Did the defendant withdraw?

Yes

Did the defendant have the chance to retreat?

Yes

Was the defendant at home?

No

Did the defendant retreat?

No

Voluntary Manslaughter

Yes

Yes

No

Was the belief reasonable?

Yes

Was the force reasonable?

Yes

Killing in Self-Defense

No

r

Excessive force

Voluntary Manslaughter

No

Voluntary Manslaughter

No

Voluntary Manslaughter

No

Did the defendant believe she was acting in defense of another's life or serious bodily injury?

Yes

Was the belief reasonable?

Yes

Was the force reasonable?

Yes

Killing in defense of others

No

Voluntary Manslaughter

No

Voluntary Manslaughter

No

Was the defendant adequately provoked?

r

The following cases considered provocation: In Girouard v State, Girouad stabbed his wife 19 times after she yelled horrible things at him, jumped on his back and pulled his hair. The Maryland Supreme Court determined that her actions were not adequate to provoke Girouard. Girouard had some emotional frailty. The court did not take that into account, instead using the reasonable person standard. The court convicted Girouard of Second Degree Murder. The Girouard court set out neccesary elements for provocation: 1. Adequate provocation2. Heat of passion.3. No cooling time4. Causal connection betweeen the provocation, the passion, and the fatal act.

Yes

Voluntary manslaughter

No

Did the defendant deliberate or premeditate?

Yes

First Degree Murder

No

Second Degree Murder

r

Cases that ended with this conviction: Girouard v State

No

Was the commission/ommision neccesary for the death to occur?

Yes

Was the commission/ommission a proximate cause?

Yes

Unintentional Homicide

Was it a commission?

No

Was there a duty?

No

Accident; No Crime

Yes

Involuntary Manslaughter

Yes

Was it in the furtherance of a felony?

No

Was it in the furtherance of a misdemeaner?

Yes

Misdemeanor Manslaughter

No

Would the act, with no good reason, have certainly led to death?

Yes

Extreme Recklessness

No

Was the act grossly and culpally negligent?

Yes

Involuntary Manslaughter

No

Accident; No Crime

Yes

Felony Murder

No

No Causation, No Crime

No

No Causation; No Crime