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[kevin oleary]
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LSDefine
Simple English definitions for legal terms
sudden passion
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A quick definition of sudden passion:
Sudden passion refers to a strong feeling of anger, fear, or hatred that arises suddenly because of something someone else said or did. This intense emotion can sometimes be used as a defense in court to reduce a murder charge to manslaughter. It doesn't have to be so extreme that the person doesn't know what they're doing, but it must be strong enough to temporarily overpower their reason and guide their actions.
A more thorough explanation:
Sudden passion is a term used in law to describe a strong emotional reaction that is quickly triggered by a provocation. This can include feelings of rage, terror, or hatred that arise suddenly due to someone's words or actions.
Under common law, sudden passion could be used as a mitigating factor in a murder charge, reducing it to manslaughter. However, it is important to note that the passion must be extreme enough to temporarily override reason and lead to impulsive actions.
For example, if someone witnesses their spouse cheating on them and immediately reacts by killing the other person, this could be considered a case of sudden passion. The intense emotions triggered by the infidelity could have temporarily overwhelmed their ability to think rationally and led to the impulsive act of violence.
Another example could be a person who is suddenly attacked and responds with violence out of fear and self-defense. The suddenness of the attack and the intense emotions it triggers could be considered a case of sudden passion.