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Provocation Manslaughter As Partial Justification And Partial Excuse, Mitchell N. Berman, Ian P. Farrell
Provocation Manslaughter As Partial Justification And Partial Excuse, Mitchell N. Berman, Ian P. Farrell
William & Mary Law Review
The partial defense of provocation provides that a person who kills in the heat of passion brought on by legally adequate provocation is guilty of manslaughter rather than murder. The defense traces back to the twelfth century and exists today, in some form, in almost every U.S. state and other common law jurisdictions. But long history and wide application have not produced agreement on the rationale for the doctrine. To the contrary, the search for a coherent and satisfying rationale remains among the main occupations of criminal law
theorists.
The dominant scholarly view holds that provocation is best explained and …
New Theories Of Guilt On Appeal In Virginia Criminal Cases, Aaron C. Garrett
New Theories Of Guilt On Appeal In Virginia Criminal Cases, Aaron C. Garrett
William & Mary Law Review
No abstract provided.