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Instructions for criminal cases involving voluntary manslaughter, including self-defense and imperfect self-defense, as well as involuntary manslaughter. It outlines the elements of these crimes and the conditions under which self-defense can be used as a defense.
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206.40 VOLUNTARY MANSLAUGHTER INCLUDING SELF-DEFENSE (IN THE HEAT OF PASSION OR IMPERFECT SELF-DEFENSE), ALSO INCLUDING INVOLUNTARY MANSLAUGHTER. FELONY. NOTE WELL: This instruction is designed for use in those cases in which the most serious homicide charged is voluntary manslaughter. It should be used only in cases where there is evidence that the defendant killed intentionally, but did so in the heat of passion or in "imperfect" self-defense. It should not be used in cases, such as child abuse, where the killing is unintentional, but may have been with malice in that it was done in wanton disregard of human life, S. v. Wilkerson , 295 N.C. 559, 583 (1978), nor should it be used in any other case where there is no evidence of heat of passion, provocation or self-defense. Cf. S. v. Wetmore , 298 N.C. 743, 750 (1979); S. v. Montague , 298 N.C. 759 (1979). In all such cases, consult N.C.P.I.–Crim. 206.31, 206.35 or 206.50. 1 Where self-defense is not an issue, use N.C.P.I.–Crim. 206.41. NOTE WELL: If self-defense is at issue and the assault occurred in defendant’s home, place of residence, workplace or motor vehicle, see N.C.P.I.–Crim. 308.80, Defense of Habitation. The defendant has been charged with voluntary manslaughter. Under the law and the evidence in this case, it is your duty to return one of the following verdicts:
defendant uses excessive force if the defendant uses more force than reasonably appeared to the defendant to be necessary at the time of the killing. It is for you the jury to determine the reasonableness of the force used by the defendant under all of the circumstances as they appeared to the defendant at the time. Furthermore, the defendant has no duty to retreat in a place where the defendant has a lawful right to be. 4 (The defendant would have a lawful right to be in the defendant’s [home] [own premises] [place of residence] [workplace] [motor vehicle].^5 ) NOTE WELL: The preceding parenthetical should only be given where the place involved was the defendant’s [home] [own premises] [place of residence] [workplace] [motor vehicle]. The burden is on the State to prove beyond a reasonable doubt that the defendant did not act in self-defense. For you to find the defendant guilty of voluntary manslaughter, the State must prove three things beyond a reasonable doubt: First, that the defendant killed the victim by an intentional 6 and 4 See N.C.P.I.–Crim. 308.10. 5 N.C. Gen. Stat. § 14 - 51.3 (a). 6 "Neither second-degree murder nor voluntary manslaughter has as an essential element an intent to kill. In connection with these two offenses, the phrase 'intentional killing' refers not to the presence of a specific intent to kill, but rather to the fact that the act which resulted in death is intentionally committed and is an act of assault which in itself amounts to a felony or is likely to cause death or serious bodily injury. Such an act committed in the heat of passion suddenly aroused by adequate provocation or in the imperfect exercise of the right of self-defense is voluntary manslaughter. But such an act can never be involuntary manslaughter. This is so because the crime of involuntary manslaughter involves the commission of an act, whether intentional or not, which in itself is not a felony or likely to result in death or great bodily harm." S. v. Ray , 299 N.C. 151, 158 (1980). See also S. v. Jordan , 140 N.C. App. 594 (2000); S. v. Coble , 351 N.C. 448 (2000).
unlawful act. Second, that the defendant's act was a proximate cause of the victim's death. A proximate cause is a real cause, a cause without which the victim's death would not have occurred.^7 And Third, that the defendant [did not act in self-defense] or [though acting in self-defense was the aggressor] (or) [though acting in self-defense used excessive force]. If you do not find the defendant guilty of voluntary manslaughter you must consider whether the defendant is guilty of involuntary manslaughter. Involuntary manslaughter is the unintentional killing of a human being by an unlawful act not amounting to a felony, or by an act done in a criminally negligent way. For you to find the defendant guilty of involuntary manslaughter, the State must prove two things beyond a reasonable doubt: First, that the defendant acted a) [unlawfully] (or) b) [in a criminally negligent way]. a) [The defendant's act was unlawful if ( describe crime , e.g. , "defendant assaulted the victim" ) ( define assault )] b) [Criminal negligence is more than mere carelessness. The defendant's act was criminally negligent, if, judging by reasonable foresight, it was done with such gross recklessness or carelessness as to amount to a heedless indifference to the safety and rights of others.] And Second, the State must prove that this [unlawful] (or) [criminally 7 Where there is a serious issue as to proximate cause, further instructions may be helpful, e.g. , "The defendant's act need not have been the last cause or the nearest cause. It is sufficient if it concurred with some other cause acting at the same time, which in combination with it, proximately caused the death of the victim."
be your duty to return a verdict of guilty of voluntary manslaughter. If you do not so find or have a reasonable doubt as to one or more of these things, you will not return a verdict of guilty of voluntary manslaughter. You must then determine whether the defendant is guilty of involuntary manslaughter. If you find from the evidence beyond a reasonable doubt that on or about the alleged date, the defendant [(describe crime)] (or) [acted in a criminally negligent way] thereby proximately causing the victim's death, it would be your duty to return a verdict of guilty of involuntary manslaughter. However, if you do not so find or have a reasonable doubt as to one or more of these things, it would be your duty to return a verdict of not guilty. And finally, if the State has failed to satisfy you beyond a reasonable doubt that the defendant did not act in self-defense, that the defendant was the aggressor, or that the defendant used excessive force, then the defendant's action would be justified by self-defense; therefore, you would return a verdict of not guilty.