Difference between revisions of "Provocation"
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==Origin== | ==Origin== | ||
| − | [ | + | [https://nordan.daynal.org/wiki/index.php?title=English#ca._1100-1500_.09THE_MIDDLE_ENGLISH_PERIOD Middle English] provocacioun, from Anglo-French provocacion, from [[Latin]] provocation-, provocatio, from provocare |
| − | *[ | + | *[https://en.wikipedia.org/wiki/14th_century 14th Century] |
==Definitions== | ==Definitions== | ||
*1: the act of provoking : incitement | *1: the act of provoking : incitement | ||
*2: something that provokes, arouses, or [[stimulates]] | *2: something that provokes, arouses, or [[stimulates]] | ||
==Description== | ==Description== | ||
| − | In criminal [[law]], '''provocation''' is a possible [[defense]] by [ | + | In criminal [[law]], '''provocation''' is a possible [[defense]] by [https://en.wikipedia.org/wiki/Excuse excuse or exculpation] alleging a sudden or temporary loss of [[control]] (a permanent loss of control is in the realm of [[insanity]]) as a [[response]] to another's provocative [[conduct]] sufficient to justify an acquittal, a mitigated sentence or a [[conviction]] for a lesser charge. Provocation can be a relevant [[factor]] in a [[court]]'s assessment of a defendant's [https://en.wikipedia.org/wiki/Mens_rea mens rea], [[intention]], or [[state]] of [[mind]], at the time of an act of which the defendant is accused. |
| − | In some [ | + | In some [https://en.wikipedia.org/wiki/Common_law common law], [[jurisdictions]] such as the UK, Canada, and several Australian states, the defense of provocation is only available against a charge of [https://en.wikipedia.org/wiki/Murder murder] and only [[acts]] to reduce the conviction to [https://en.wikipedia.org/wiki/Manslaughter manslaughter]. This is known as "voluntary manslaughter" which is considered more serious than "involuntary manslaughter", which comprises both manslaughter by "unlawful act" and by [[criminal]] negligence. In some states with [https://en.wikipedia.org/wiki/Criminal_Code Criminal Codes], such as the Australian states of Queensland and Western Australia, provocation serves as a complete defense to the range of assault-based offenses. In the United States, the [https://en.wikipedia.org/wiki/Model_Penal_Code Model Penal Code] substitutes the broader [[standard]] of extreme [[emotional]] or [[mental]] distress for the comparatively narrower [[standard]] of provocation. |
| − | Under the [ | + | Under the [https://en.wikipedia.org/wiki/United_States_Sentencing_Guidelines United States Sentencing Guidelines], "If the [[victim]]'s wrongful [[conduct]] contributed significantly to provoking the offense [[behavior]], the court may reduce the sentence below the guideline range to [[reflect]] the [[nature]] and [[circumstance]]s of the offense."[https://en.wikipedia.org/wiki/Provocation_%28legal%29] |
[[Category: Law]] | [[Category: Law]] | ||
[[Category: Psychology]] | [[Category: Psychology]] | ||
Latest revision as of 02:32, 13 December 2020
Origin
Middle English provocacioun, from Anglo-French provocacion, from Latin provocation-, provocatio, from provocare
Definitions
- 1: the act of provoking : incitement
- 2: something that provokes, arouses, or stimulates
Description
In criminal law, provocation is a possible defense by excuse or exculpation alleging a sudden or temporary loss of control (a permanent loss of control is in the realm of insanity) as a response to another's provocative conduct sufficient to justify an acquittal, a mitigated sentence or a conviction for a lesser charge. 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 of which the defendant is accused.
In some common law, jurisdictions such as the UK, Canada, and several Australian states, the defense of provocation is only available against a charge of murder and only acts to reduce the conviction to manslaughter. This is known as "voluntary manslaughter" which is considered more serious than "involuntary manslaughter", which comprises both manslaughter by "unlawful act" and by criminal negligence. In some states with Criminal Codes, such as the Australian states of Queensland and Western Australia, provocation serves as a complete defense to the range of assault-based offenses. In the United States, the Model Penal Code substitutes the broader standard of extreme emotional or mental distress for the comparatively narrower standard of provocation.
Under the United States Sentencing Guidelines, "If the victim's wrongful conduct contributed significantly to provoking the offense behavior, the court may reduce the sentence below the guideline range to reflect the nature and circumstances of the offense."[1]
