Intent as an Element of Voluntary Manslaughter: State v. Pettit
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Authors
Bowen, Veronica L.
Issue Date
1991
Volume
24
Issue
Type
Journal Article
Language
Keywords
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Abstract
INTRODUCTION|Under Nebraska law, second degree murder consists of intentionally causing the death of a human being without premeditation. Voluntary manslaughter consists of intentionally, without malice, causing the death of a human being under adequate provocation.|In September of 1989, the Nebraska Supreme Court held in State v. Pettit that the crime of voluntary manslaughter must include intent as an element. The court in Pettit also defined malice negatively, stating that "without malice" did not mean "without intent."|The Pettit decision reversed State v. Batiste, a March, 1989, decision of the Nebraska Supreme Court which held that malice and intent were synonomous. Under Batiste, the crime of manslaughter did not encompass intentional killings. This was because manslaughter is characterized by an absence of malice, and malice, under Batiste, was synonomous with intent. Therefore, a killing without malice was also a killing without intent...
Description
Citation
24 Creighton L. Rev. 583 (1990-1991)
Publisher
Creighton University School of Law