Provocation (legal)

provocationheat of passionprovocativeprovokedChallenging to fightfuror brevisirresistible urgeprovocation as a defenceprovocation defenseprovocation doctrine
In law, provocation is when a person is considered to have committed a criminal act partly because of a preceding set of events that might cause a reasonable person to lose self control.wikipedia
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Murder

first-degree murderfirst degree murdersecond-degree murder
In some common law legal systems, provocation is a "partial defence" for murder charges, which can result in the offense being classified as the lesser offense of manslaughter, specifically voluntary manslaughter.
Manslaughter is a killing committed in the absence of malice, brought about by reasonable provocation, or diminished capacity.

Mitigating factor

extenuating circumstancesmitigating circumstancesmitigating
Provocation is often a mitigating factor in sentencing.

Defense (legal)

defensedefencedefence counsel
It rarely serves as a legal defense, meaning it does not stop the defendant from being guilty of the crime.
For example, if a defendant in an assault and battery case attempts to claim provocation, the victim of said assault and battery would not have to prove that he did not provoke the defendant; the defendant would have to prove that the plaintiff did.

Manslaughter

involuntary manslaughterintoxication manslaughterinvoluntary homicide
In some common law legal systems, provocation is a "partial defence" for murder charges, which can result in the offense being classified as the lesser offense of manslaughter, specifically voluntary manslaughter.
The traditional mitigating factor was provocation; however, others have been added in various jurisdictions.

Malice aforethought

premeditationpremeditatedpremeditated nature
This makes them less morally culpable than if the act was premeditated (pre-planned) and done out of pure malice (malice aforethought).
Over centuries, this distinction evolved into an early form of the doctrine of provocation that distinguishes murder from voluntary manslaughter.

Voluntary manslaughter

nonnegligent manslaughteraccidental murdermanslaughter
In some common law legal systems, provocation is a "partial defence" for murder charges, which can result in the offense being classified as the lesser offense of manslaughter, specifically voluntary manslaughter.
The charge of murder is reduced to manslaughter when the defendant's culpability for the crime is "negated" or mitigated by adequate provocation.

Murder of Sophie Elliott

Clayton WeatherstonSophie Elliottmurder trial of Sophie Elliott
On 9 January 2008, Weatherston stabbed to death university student and girlfriend Sophie Elliott in her Dunedin home.
The crime and trial were covered extensively in the news media, and contributed to the government abolishing the partial defence of provocation in cases of murder.

Criminal law

criminalcriminal casepenal law
Furor brevis or "heat of passion", is the term used in criminal law to describe the emotional state of mind following a provocation, in which acts are considered to be at least partially caused by loss of self-control, so the acts are not entirely governed by reason or expressed "[It's the heat of passion] which renders a man deaf to the voice of reason".
Manslaughter (Culpable Homicide in Scotland) is a lesser variety of killing committed in the absence of malice, brought about by reasonable provocation, or diminished capacity.

Excuse

exculpationExcuse (legal)justification
It may be a defense by excuse or exculpation alleging a sudden or temporary loss of control (a permanent loss of control is regarded as insanity) as a response to another's provocative conduct sufficient to justify an acquittal, a mitigated sentence or a conviction for a lesser charge.

Gay panic defense

gay panicgay panic defencetrans panic
Broadly, a defendant may allege to have found the same-sex sexual advances so offensive or frightening that they were provoked into reacting, were acting in self-defense, were of diminished capacity, or were temporarily insane, and that this circumstance is exculpatory or mitigating.

Victim blaming

blaming the victimblame the victimvictim-blaming
One example of a sexist allegation against female victims of sexual assault is that wearing provocative clothing stimulates sexual aggression in men who believe that women wearing body-revealing clothes are actively trying to seduce a sexual partner.

Mike Antunovic

Mr Tatupu-Tinoa'i's lawyer Mike Antunovic unsuccessfully attempted to use the partial defense of provocation.

Crime

criminalcriminalscriminal offence
In law, provocation is when a person is considered to have committed a criminal act partly because of a preceding set of events that might cause a reasonable person to lose self control.

Causation (law)

causationcausecaused
In law, provocation is when a person is considered to have committed a criminal act partly because of a preceding set of events that might cause a reasonable person to lose self control.

Moral responsibility

responsibilitypersonal responsibilityresponsibilities
This makes them less morally culpable than if the act was premeditated (pre-planned) and done out of pure malice (malice aforethought).

Guilt (law)

guiltyguiltguilty verdict
It rarely serves as a legal defense, meaning it does not stop the defendant from being guilty of the crime.

Common law

common-lawcourts of common lawcommon
In some common law legal systems, provocation is a "partial defence" for murder charges, which can result in the offense being classified as the lesser offense of manslaughter, specifically voluntary manslaughter. Provocation may be defined by statutory law, by common law, or some combination.

Partial defence

In some common law legal systems, provocation is a "partial defence" for murder charges, which can result in the offense being classified as the lesser offense of manslaughter, specifically voluntary manslaughter.

Right of self-defense

self-defensereasonable forcedefense of others
Provocation is distinct from self-defense in that self-defense is a legal defense, and refers to a justifiable action to protect oneself from imminent violence.

Statutory law

statute lawstatutorystatute
Provocation may be defined by statutory law, by common law, or some combination.

Insanity

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It may be a defense by excuse or exculpation alleging a sudden or temporary loss of control (a permanent loss of control is regarded as insanity) as a response to another's provocative conduct sufficient to justify an acquittal, a mitigated sentence or a conviction for a lesser charge.

Sentence (law)

sentencesentencedsentencing
It may be a defense by excuse or exculpation alleging a sudden or temporary loss of control (a permanent loss of control is regarded as insanity) as a response to another's provocative conduct sufficient to justify an acquittal, a mitigated sentence or a conviction for a lesser charge.

Mens rea

intentmental statemental element
Provocation can be a relevant factor in a court's assessment of a defendant's mens rea, intention, or state of mind, at the time of an act which the defendant is accused of.

Capital punishment

death penaltyexecutionexecuted
During that period, a conviction of murder carried a mandatory death sentence.

Culpability

culpableguiltguilty
Judging whether an individual should be held responsible for their actions depends on an assessment of their culpability.