Husband kills the man with whom his wife was having an affair; what crime is most likely charged?

• A. First-degree murder
• B. Voluntary manslaughter
• C. Second-degree murder
• D. Involuntary manslaughter

Answer: (B)

The key idea is that the killer acted in the heat of passion because of a provocative event, which can reduce an intentionally killed death from murder to voluntary manslaughter. Discovering a spouse’s infidelity is a classic form of adequate provocation. The person intends to kill, but the action occurs in the moment of strong emotion rather than after premeditation or planned calculation. First-degree murder requires prior planning and deliberation, which isn’t present here. Second-degree murder involves intent to kill without premeditation but isn’t typically triggered by provocation in the same way as voluntary manslaughter. Involuntary manslaughter would involve recklessness or negligence without any intent to kill. So the scenario best fits voluntary manslaughter because the killing arises from heat of passion provoked by the affair, with no time to cool off before acting.