Multistate Bar Examination Practice Question

The most appropriate charge is voluntary manslaughter. This offense is an intentional killing that is mitigated from murder because it was committed in the 'heat of passion' resulting from adequate provocation. For provocation to be adequate, it must be sufficient to arouse a sudden and intense passion in the mind of an ordinary person that would cause them to lose self-control. While words alone are generally not enough , Mark's forceful shove constitutes a physical battery which, combined with the heated argument, could be found by a jury to be adequate provocation. John's response was immediate, with no time to 'cool off.' Murder would be an appropriate charge if the provocation were deemed inadequate, but the presence of the battery makes voluntary manslaughter a more likely outcome. Self-defense is not a valid defense because responding to a non-deadly shove with a deadly weapon is a disproportionate use of force. The charge cannot be involuntary manslaughter, as John's act of striking Mark with a bottle was intentional, not merely negligent or reckless.