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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 individual to lose self control. This makes them less morally culpable than if the act was premeditated (pre-planned) and done out of pure malice ( malice aforethought ).
In English law, provocation was a mitigatory defence to murder which had taken many guises over generations many of which had been strongly disapproved and modified. In closing decades, in widely upheld form, it amounted to proving a reasonable total loss of control as a response to another's objectively provocative conduct sufficient to convert what would otherwise have been murder into ...
The Homicide Act 1957 (5 & 6 Eliz. 2.c. 11) is an Act of the Parliament of the United Kingdom.It was enacted as a partial reform of the common law offence of murder in English law by abolishing the doctrine of constructive malice (except in limited circumstances), reforming the partial defence of provocation, and by introducing the partial defences of diminished responsibility and suicide pact.
The gay panic defense grew out of a combination of legal defenses from the mid-nineteenth century and a mental disorder described in the early twentieth, seeking to apply the legal framework of the temporary insanity defense, provocation defense, or self-defense, often by using the mental condition of "homosexual panic disorder".
Justifiable homicide applies to the blameless killing of a person, such as in self-defense. [1]The term "legal intervention" is a classification incorporated into the International Classification of Diseases, Tenth Revision, and does not denote the lawfulness or legality of the circumstances surrounding a death caused by law enforcement. [2]
Adequate provocation is a legal requirement for a murder charge to be reduced to voluntary manslaughter. The test for adequate provocation varies across jurisdictions and has changed over time. The categorical approach is based on common law principles, but most courts today apply less restrictive tests, such as the extreme emotional ...
The United States' Model Penal Code (MPC) does not use the common law language of voluntary and involuntary manslaughter. Under the MPC, a homicide that would otherwise be murder is reduced to manslaughter when committed "under the influence of extreme mental or emotional disturbance for which there is a reasonable explanation or excuse".
Traditionally, at common law, manslaughter was limited to certain categories of actions, but by the time the Berry case was decided in 1976 the categorical approach had been broadened to include verbal provocation, and the court notes in the decision that "no specific type of provocation is required" and "verbal provocation may be sufficient."