George Schnopps, the defendant, was convicted before the Superior Court, Berkshire County, Massachusetts, of first-degree murder of his estranged wife and of unlawfully carrying a firearm. At a retrial, the defendant, Schnopps, again was convicted of first-degree murder, and he appealed again. The Massachusetts Supreme Judicial Court affirmed.

Facts

On October 13, 1979, George Schnopps fatally shot his wife (Marilyn) of 14 years. The victim and Schnopps began having marital problems approximately six months earlier when Schnopps became suspicious that his wife was seeing another man. Schnopps and his wife argued during this period over his suspicion that she had a relationship with a particular man, whom Schnopps regarded as a “bum.” On a few occasions Schnopps threatened to harm his wife with scissors, with a knife, with a shotgun, and with a plastic pistol......

1. If you were a juror, could you in good conscience say that Schnopps was adequately provoked?

Explain your answer, relying on the facts in the case, the court’s opinion, and the text prior to the excerpt.

2. If so, was it the adultery that provoked him or the provocative words his wife used to describe her adulterous relationship?

3. Do you think the prohibition against provocative words makes sense?

4. If you were writing a voluntary manslaughter law, state the elements of the offense as you believe they should be.