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LSDefine
Simple English definitions for legal terms
crime of passion
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A quick definition of crime of passion:
A crime of passion is a type of crime where someone commits a crime in the heat of the moment, usually in response to something that provoked them. This type of crime is different from a premeditated crime, where someone plans to commit a crime in advance. Provocation can be used as a partial defense to a charge of murder, which means that it can lower the degree of the crime and the punishment associated with it. The provocation must be something that would make a reasonable person very angry or upset, like finding out that a spouse cheated on them. Some places use a standard called extreme emotional disturbance instead of the heat of passion standard, which means that the person committed the crime because they were very upset or disturbed. In order to use the defense of heat of passion, the person must have been adequately provoked and the resulting crime must have been done in response to the provocation.
A more thorough explanation:
In criminal law, a crime of passion is a type of crime that is committed in response to provocation or in the "heat of passion." This means that the person who committed the crime did so impulsively, without premeditation or planning.
Provocation can be used as a partial defense to a charge of murder because it can downgrade the degree of the crime and the associated punishment. For example, if someone kills another person in the heat of passion, they may be charged with manslaughter instead of murder.
The provocation behind a crime of passion must be something that would inflame the passions of a reasonable person. For example, discovering that a spouse has committed adultery may be considered sufficient provocation, while mere words would not be.
Some jurisdictions use the standard of extreme emotional disturbance instead of the heat of passion standard. This standard recognizes that a person may commit a crime in response to extreme emotional distress, even if they did not act in the heat of passion.
- A man comes home to find his wife in bed with another man. In a fit of rage, he kills the other man. This may be considered a crime of passion.
- A woman discovers that her boyfriend has been cheating on her for months. She confronts him and he laughs in her face. She then stabs him with a kitchen knife. This may also be considered a crime of passion.
These examples illustrate how a person can be provoked into committing a crime without premeditation or planning. In both cases, the defendants acted impulsively in response to a situation that would inflame the passions of a reasonable person.