A report on Provocation (legal)

When a person is considered to have committed a criminal act partly because of a preceding set of events that might cause a reasonable individual to lose self control.

- Provocation (legal)

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Murder in the House by Jakub Schikaneder

Murder

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Unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought.

Unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought.

Murder in the House by Jakub Schikaneder
Aaron Alexis holding a shotgun during his rampage
A group of Thugs strangling a traveller on a highway in the early 19th century.
International murder rate per 100,000 inhabitants, 2011
UNODC : Per 100,000 population (2011)
Lake Bodom murders in Espoo, Finland is the most famous unsolved homicide cases in Finnish criminal history. The tent is investigated immediately after the murders in 1960.
The scene of a murder in Rio de Janeiro. More than 800,000 people were murdered in Brazil between 1980 and 2004.
Intentional homicide rate per 100,000 inhabitants, 2009
The historical homicide rate in Stockholm since 1400 AD. The murder rate was very high in the Middle Ages. The rate has declined greatly: from 45/100,000 to a low of 0.6 in the 1950s. The last decades have seen the homicide rate rise slowly.

Manslaughter is killing committed in the absence of malice, brought about by reasonable provocation, or diminished capacity.

Malice aforethought

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The "premeditation" or "predetermination" required as an element of some crimes in some jurisdictions and a unique element for first-degree or aggravated murder in a few.

The "premeditation" or "predetermination" required as an element of some crimes in some jurisdictions and a unique element for first-degree or aggravated murder in a few.

Over centuries, this distinction evolved into an early form of the doctrine of provocation that distinguishes murder from voluntary manslaughter.

Manslaughter

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Common law legal term for homicide considered by law as less culpable than murder.

Common law legal term for homicide considered by law as less culpable than murder.

The traditional mitigating factor was provocation; however, others have been added in various jurisdictions.

An 1860 woodcut by Julius Schnorr von Carolsfeld

Voluntary manslaughter

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Killing of a human being in which the offender acted during the heat of passion, under circumstances that would cause a reasonable person to become emotionally or mentally disturbed to the point that they cannot reasonably control their emotions.

Killing of a human being in which the offender acted during the heat of passion, under circumstances that would cause a reasonable person to become emotionally or mentally disturbed to the point that they cannot reasonably control their emotions.

An 1860 woodcut by Julius Schnorr von Carolsfeld

The charge of murder is reduced to manslaughter when the defendant's culpability for the crime is "negated" or mitigated by adequate provocation.

Mitigating factor

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Extenuating circumstance, is any information or evidence presented to the court regarding the defendant or the circumstances of the crime that might result in reduced charges or a lesser sentence.

Extenuating circumstance, is any information or evidence presented to the court regarding the defendant or the circumstances of the crime that might result in reduced charges or a lesser sentence.

Provocation

Defense (legal)

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Attempt to avoid civil liability or criminal conviction.

Attempt to avoid civil liability or criminal conviction.

For example, a defendant who is charged with assault may claim provocation, but they would need to prove that the plaintiff had provoked the defendant.

Murder of Sophie Elliott

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Stabbed to death by ex-boyfriend Clayton Robert Weatherston (born 9 January 1976), in Dunedin, New Zealand.

Stabbed to death by ex-boyfriend Clayton Robert Weatherston (born 9 January 1976), in Dunedin, New Zealand.

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.

Excuse

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Excuse is a defense to criminal charges that is distinct from an exculpation.

Excuse is a defense to criminal charges that is distinct from an exculpation.

Provocation

Crimes Act 1961

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Act of the Parliament of New Zealand that forms a leading part of the criminal law in New Zealand.

Act of the Parliament of New Zealand that forms a leading part of the criminal law in New Zealand.

Sections 50, 169 and 170 dealt with the provocation defence which mitigated fatal assaults to the lesser charge and penalty due to manslaughter, rather than murder.

The Old Bailey in London (in 1808) was the venue for more than 100,000 criminal trials between 1674 and 1834, including all death penalty cases.

Criminal law

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Body of law that relates to crime.

Body of law that relates to crime.

The Old Bailey in London (in 1808) was the venue for more than 100,000 criminal trials between 1674 and 1834, including all death penalty cases.
An English court room in 1886, with Lord Chief Justice Coleridge presiding
International Criminal Court in The Hague

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.