Main Content
Provocation and Emotional Disturbance
When a person is guilty of second degree murder, they can sometimes ask the judge for a jury instruction allowing the jury, in its discretion, to lower the charge to voluntary manslaughter. The jury may do so, but is not required to. The defendant is entitled to the instruction, anyway, if the they killed because of certain legally-recognized provocations. This is a quasi defense, labelled provocation or, in many states, extreme mental or emotional disturbance. Under either label, the requirements are largely the same. As you read the cases below, identify the requirements for the defendant to obtain such a jury instruction.
This book, and all H2O books, are Creative Commons licensed for sharing and re-use with the exception of certain excerpts. Any excerpts from the Restatements of the Law, Principles of the Law, and the Model Penal Code are copyright by The American Law Institute. Excerpts are reproduced with permission, not as part of a Creative Commons license.