The New Jersey Supreme Court on Tuesday let stand a 26-year-old doctrine that the passion-provocation defense is allowed only in murder cases and not for manslaughter. The Legislature could have ...
In a trial where prosecutors unwittingly helped make the case in support of Kyle Rittenhouse’s right of self-defense, they sought during closing arguments to deprive him of that right by arguing that ...
Cases where juries have accepted a man was provoked into ending his wife’s life prompt more questions about how the justice system fails women After a Gold Coast man who bludgeoned his teenage ...
Queensland’s archaic provocation defence could be scrapped after a review of legislation found it could be abused by domestic violence offenders. The finding was made in The Queensland Law Reform ...
Provocation is not an innocent act. Under specific circumstances, provocation constitutes a tort or even a crime, especially when it deliberately generates a violent response. There is no binding ...
In fact, as our submission to the NSW inquiry stated, we argued that this partial defence should not be available if the crown proves that the accused intended to kill. While not excusing violence, we ...