The primary difference between manslaughter and murder is the fact that the former is based on recklessly causing the death of another person. Murder is purposeful or intentional conduct intended to kill someone. You should know that this is a narrow exception, however, to this general rule as it relates to passion or provocation manslaughter. Intentional conduct to cause the death of a person can result in a manslaughter conviction instead of murder if the incident occurs in the heat of passion. The four (4) specific requirements to transform a murder case into a manslaughter are:
- There was adequate provocation;
- The provocation, in fact, impassioned the defendant;
- The defendant did not have a reasonable time to cool off between the provocation and the act which caused the victim’s death; and
- The defendant did not, in fact, cool off before committing the act which caused the victim’s death.
The discovery of, knowledge about, or potential disclosure of a homicide victim’s actual or perceived gender identity or expression, or affectional or sexual orientation, which occurred under any circumstances, does not constitute reasonable provocation under New Jersey law.
