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Criminal Law Simons, Volume III
Resource 5 . 3 . 3
less than a minute

Maryland Criminal Law sec. 2-207: Manslaughter

Michael A. Simons

The uproar around the sentencing of Kenneth Peacock generated a legislative response. The revised Maryland manslaughter statute is below. As you know from Girouard, Maryland does not specifically define manslaughter, but instead uses the common law definition. And yet, the statutory provision below now has a specific carve-out for "sight of adultery," which used to be categorically included in the factors mitigated murder to manslaughter. 

Do you think there should be other categorical exclusions from manslaughter mitigation? Or, do you think that the law should take a more fliexible approach to provocation (i.e., let the jury decide)?

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