Michael’s wife, Martha, was raped by a man who broke into th…
Michael’s wife, Martha, was raped by a man who broke into their home one night while Michael was away on a business trip. After raping Martha, the man said, “Stay alert. I may come back for more.” The man was wearing a black ski mask. Michael is overwhelmed with anger (and other emotions) about what has happened. Three nights later, Michael hears a sound outside in their yard. He looks outside and sees someone in a black ski mask walking across their backyard. Michael immediately gets his gun, shoots at the person, and kills him. When Martha looks outside, however, she begins to weep. She recognizes the victim’s coat. It is their neighbor’s oldest son, and he is definitely not the man who raped her. The State charges Michael with murder. Michael’s defense is that the killing constituted manslaughter, rather than murder. Considering the fact that Michael shot the wrong person, can Michael succeed with a “heat of passion” manslaughter defense under a traditional common law approach? What about manslaughter under the Model Penal Code (MPC § 210.3)? Pick the best answer.