Provocation in United States

Provocation Definition

(Lat. provoco, to call out). The act of inciting another to do something. Such conduct as tends to arouse passions which may lead to the commission of an act, Provocation is no defense for crime, but may mitigate the damages for an assault (3 E. D. Smith [N. Y.] 518), and if adequate to arouse in the mind of a reasonable man such passion as to cause him to act rashly and without reflection, it will reduce homicide from murder to manslaughter. See “Cool Blood.”

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Legal Issue for Attorneys

(Lat. provoco, to call out). The act of inciting another to do something. Such conduct as tends to arouse passions which may lead to the commission of an act, Provocation is no defense for crime, but may mitigate the damages for an assault (3 E. D. Smith [N. Y.] 518), and if adequate to arouse in the mind of a reasonable man such passion as to cause him to act rashly and without reflection, it will reduce homicide from murder to manslaughter. See “Cool Blood.”

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This definition of Provocation Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

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Further Reading (Articles)

Provocation and the Homosexual Advance Defence: The Deployment of Culture as a Defence Strategy, Melbourne University Law Review; April 1, 2002; De Pasquale, Santo

Provocation Manslaughter as Partial Justification and Partial Excuse, William and Mary Law Review; March 1, 2011; Berman, Mitchell N. Farrell, Ian P.

Provocation: A Totally Flawed Defence That Has No Place in Australian Criminal Law Irrespective of Sentencing Regime, University of Western Sydney Law Review; January 1, 2010; Hemming, Andrew

Three Conceptions of Provocation, Criminal Justice Ethics; January 1, 1996; Narayan, Uma von Hirsch, Andrew

Reasons for Anger: A Response to Narayan and Von Hirsch’s Provocation Theory, Criminal Justice Ethics; June 22, 1996; Horder, Jeremy

When “Heterosexual” Men Kill “Homosexual” Men: Reflections on Provocation Law, Sexual Advances, and the “Reasonable Man” Standard, Journal of Criminal Law and Criminology; January 1, 1995; Dressler, Joshua

When “heterosexual” men kill “homosexual” men: Reflections of provocation law, sexual advances, and the “reasonable man” standard, Journal of Criminal Law and Criminology; January 1, 1995; Dressler, Joshua

Afterword: Options for the Reform of Provocation, Automatism and Mental Impairment, Psychiatry, Psychology and Law; April 1, 2005; McSherry, Bernadette

Defence of provocation has its place., New Zealand Herald (Auckland, New Zealand); September 7, 2009

Provocation’s privileged desire: the provocation doctrine, “homosexual panic,” and the non-violent unwanted sexual advance defense., Cornell Journal of Law and Public Policy; September 22, 2000; Chen, Christina Pei-Lin

How Defence of Provocation Came to Be Developed; Background – Richard Warburton Looks at How the Defence of Provocation Came into Being and What Defences Could Be Available in the Future, The Birmingham Post (England); October 31, 2003; Warburton, Richard

Gender Bias in the Interpretation of Ambiguous Provocation Situations, Social Behavior and Personality: an international journal; January 1, 1999; Kirsh, Steven J.

Anger, Provocation, and the Intent for Murder: A Comment on R. V. Parent, McGill Law Journal; May 1, 2002; Trotter, Gary T.

PRESIDENT LEE AND GLOBAL LEADERS AGREE TO TAKE CONCERTED MEASURES AGAINST NORTH KOREA’S PROVOCATION., States News Service; November 24, 2010

Provocation a possible defence, Xue told., New Zealand Herald (Auckland, New Zealand); August 1, 2009

KCNA COMMENTARY BLASTS PROVOCATIONS OF US AND S. KOREAN FORCES., States News Service; March 24, 2011

Provocation of obsessive-compulsive symptoms: a quantitative voxel-based meta-analysis of functional neuroimaging studies, Journal of Psychiatry and Neuroscience; September 1, 2008; Rotge, Jean-Yves Guehl, Dominique Dilharreguy, Bixente Cuny, Emmanuel Tignol, Jean Bioulac, Bernard Allard, Michele Burbaud, Pierre Aouizerate, Bruno

Excusing Fleeting Mental States: Provocation, Involuntariness and Normative Practice, Psychiatry, Psychology and Law; April 1, 2005; Yannoulidis, Steven

Aggressive Responding in the Laboratory Maintained by the Initiation of a Provocation-Free Interval, The Psychological Record; September 22, 1998; Dougherty, Donald M. Cherek, Don R. Lane, Scott D.

Provocation testing to assist craniomandibular pain diagnosis.(GENERAL DENTISTRY)(Report), CRANIO: The Journal of Craniomandibular Practice; April 1, 2010; DuPont, John S., Jr.