Talk:Provocation (legal)
From Wikipedia, the free encyclopedia
i think another example of cases where provocation is sometimes used might be adultery - coming upon your spouse with her lover - and i think you can kill them both.
- You're on the right track - in fact, this is one of the earliest known applications of the defence we now know as provocation. Remember that provocation originated as a man's defence, so killing an adulterous wife was deemed to be quite within the bounds of a reasonable man's actions in such a provocative situation. Subsequent common law has diluted this presumption, and it is less likely that a discovery of adulterous conduct, without other provocative actions, would be sufficient. Mere words (ie. being told of adultery by a spouse, rather than actually witnessing it) is not sufficient to prove provocation. I have not altered the article, as this example of provocation is already listed, but hopefully this will give you some clarification. Phil500 23:57, 28 November 2006 (UTC)
in common law places like victoria australia, provocation is only a defence to murder. is this different in other places? i would like some feedback before i edit the page. Xtra 12:42, 9 Jan 2005 (UTC)
[edit] Homosexual advance?
"Although not a traditional provocation circumstance, some states have laws that a non-violent homosexual advance constitutes sufficient provocation to reduce a charge of murder to manslaughter."
This sounds like it should raise quite a stink...can anyone cite this? Twin Bird 20:13, 31 August 2006 (UTC)
I've added a couple of citations. It might surprise you that this is a fairly well-recognised scenario in which provocation can occur, at least in Australian law - I'm not sure about elsewhere in the world. A few writers refer to it as a separate 'homosexual advance defence,' but the substantive law is the same as provocation. Where the homosexual advance becomes violent, self-defence can also come into play. Kirby J (dissenting) goes into a spirited attack on the defence in the case of Green (1997), arguing that this defence creates the impression that homophobic violence will be tolerated. There's a fair bit of literature on the subject floating around if you're interested. Phil500 11:05, 27 September 2006 (UTC)
