Quick Tip: Feeling the Heat

A historic heat dome is gripping much of the Eastern and Central U.S. this week—including right here in Dayton, Ohio. It’s not just summer heat—it’s record-breaking, relentless, and dangerous. With highs pushing into the triple digits and nighttime temperatures offering little relief, cities are opening cooling centers and public health officials are issuing warnings.

Highs and Lows (June 21 to 26, 2025)

As you stay cool, let’s warm up your bar prep with a review of two Criminal Law concepts where heat plays a central role: Voluntary Manslaughter and Arson.

Voluntary Manslaughter

Just like a sudden heatwave can push your body past its limits, provocation can push a person past their emotional breaking point—triggering what's known in Criminal Law as the heat of passion.

Under common law, voluntary manslaughter occurs when a defendant kills someone in response to adequate provocation, which partially excuses the act and reduces the crime from murder to manslaughter.

Here are the 4️⃣ required elements:

1️⃣ Sudden and Intense Passion

The provocation must be sufficient to cause an ordinary person to lose self-control. Think of how this week’s heat dome isn’t just uncomfortable—it’s overwhelming. Similarly, the provocation must overwhelm normal reasoning.

2️⃣ Actual Provocation

The defendant must have been genuinely provoked—just as your own frustration level may rise in response to the current oppressive temperatures.

3️⃣ No Time to Cool Off

A key element is timing. The defendant must not have had a chance to regain composure. This mirrors how today’s weather gives little reprieve, even at night—no chance to "cool down."

4️⃣ Still in the Heat of Passion

The killing must occur before the defendant cools off. Once the passion subsides, any subsequent act of violence is no longer legally mitigated.

📌 Note: Voluntary manslaughter mitigates murder; it’s not a complete defense. And while "imperfect self-defense" can also reduce murder to manslaughter, this post focuses just on provocation.

Arson

If voluntary manslaughter is about emotional heat, arson is about physical heat—and intentional destruction.

Under common law, arson is defined as the malicious burning of the dwelling of another. And during an actual heatwave like this one, it’s a perfect time to revisit what that really means:

✅ Malice Required

Not every fire is a crime. The defendant must act with intent, knowledge, or reckless disregard that a fire could result. It’s not a careless mistake—it’s like striking a match during a fire ban, knowing the risk but ignoring it.

✅ Actual Burning

There must be charring or damage to the structure. Heat discoloration alone isn’t enough—just like today’s heat may scorch the surface but doesn’t start a fire unless it’s truly intense.

✅ Structure Must Be Damaged

The damage must affect the fabric of the building. That’s more than just superficial harm—it must be meaningful and structural. Similarly, this heat dome isn’t just about how hot it feels—it’s leaving lasting damage on infrastructure and health systems.

Law Lessons in the Weather

As the heatwave presses on, make sure you stay cool. And as you prepare for the bar exam, consider how everyday events and conditions can serve as practical examples to help you review important legal concepts.