Washington Jury Instruction - Manslaughter - Voluntary
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FAQ
The basic precept of criminal law is that voluntary intoxication does not excuse criminal behavior. The most common rationale for this rule is that an intoxication defense can be easily simulated, thus making prosecutions too difficult.
Typically, courts will not accept voluntary intoxication on its own as a defense to contract formation or enforcement.
?[A] criminal defendant is entitled to a voluntary intoxication instruction only if: (1) the crime charged has as an element a particular mental state, (2) there is substantial evidence of drinking, and (3) the defendant presents evidence that the drinking affected his or her ability to acquire the required mental ...
Manslaughter in the First Degree is a class A felony punishable by a maximum of life in prison and/or a maximum fine of $50,000. Manslaughter in the Second Degree is a class B felony punishable by a maximum of 10 years in prison and/or a maximum fine of $20,000. Washington Revised Code: Section 9A.
For example, the punishment for voluntary manslaughter may range from 3 to 7 years in prison. The punishment for involuntary manslaughter may range from a minimum of 1 year to a maximum of 4 years in prison.
The voluntary intoxication defense is codified as RCW 5.40. 060(1). It provides a complete defense to plaintiff's action for personal injury if she was intoxicated, her intoxication was a proximate cause of her injury, and she was more than 50 percent at fault.
Heat of Passion: Someone comes home to find their spouse in bed with another person. In a fit of rage, they grab a nearby lamp and strike the intruder, resulting in their death. This could be considered voluntary manslaughter because the killing occurred in the heat of passion, without prior intent.
Voluntary intoxication is the willing ingestion or injection of any drink, drug, or other intoxicating substance that the defendant knows can produce an intoxicating effect.