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Provocation as a Defence - Essay Example

Author : flaviobartell
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Under the English common law Provocation as a defence has been considered as a valid defence since last many centuries especially in cases of murder and wherever it has been proved to be a valid defence worth consideration then in that case the murder charge has been converted to man-slaughter.The killings done by the accused has been condoned because according to the judge and the jury it was done in a state of anger aroused by some or the other kind of provocation…

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Provocation as a Defence

ury; and in determining that question the jury shall take into account everything both done and said according to the effect which, in their opinion, it would have on a reasonable man. The early lawyers had a difficulty in arriving at a clear distinction between homicide committed in self-defence(se defendendo) and homicide committed by misfortune (per infortunium). It was accompanied by a confusion between cases of killing in self-defence and killing when under the influence of some physical provocation. Brown's case in 1776 is a perfect example of the dilemma faced by Lawyers. ...
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