Main Content
Girouard v. State
As you read Girouard, consider these questions:
1. What are the four elements that, if proven, will reduce intentional murder to voluntary manslaughter?
2. What happened in Girouard? Why did Steven kill Joyce? What did Joyce do?
3. Is Steven more culpable or less culpable than a typical murderer? Is he more dangerous or less dangerous than a typical murderer?
4. The Girouard court references the "traditional circumstances" that would mitigate murder to manslaughter. What are those five circumstances?
5. Does Maryland follow the traditional approach to “adequate provocation” or is Maryland’s approach more flexible? What is the standard that the Girouard court applies to determining “adequate
6. What evidence did Steven introduce to support his defense? Do you think that evidence is relevant?provocation”?
7. What is the holding in Girouard? Why? Do you agree?
8. What if the provocation were more than mere words/ For example, what if Steven actually saw Joyce engaging in sexual intercourse with someone else? In that situation, do you think Steven should be convicted of murder or manslaughter? Why?
This book, and all H2O books, are Creative Commons licensed for sharing and re-use with the exception of certain excerpts. Any excerpts from the Restatements of the Law, Principles of the Law, and the Model Penal Code are copyright by The American Law Institute. Excerpts are reproduced with permission, not as part of a Creative Commons license.