ADMJ 103 Lecture Notes - Lecture 23: Malice Aforethought, Homicide, Ihop
Document Summary
Definition: an intentional killing (intent to kill) committed in sudden heat of passion as the result of adequate provocation before there has been a reasonable opportunity to cool off . Elements of the mitigating factor: (provocation doctrine: sudden. Heat of passion - ihop)-- under common law principles, an intentional homicide committed in sudden heat of passion as the result of adequate provocation mitigates the offense of murder to voluntary manslaughter. (1) d must have acted in heat of passion at the moment of the homicide. Passion has been interpreted to include any violent or intense emotion such as fear, jealousy, and desperation. (2) d"s passion must have been the result of sudden and adequate provocation. Under the modern approach, it is up to the jury to determine what constitutes adequate provocation. Juries in such cases are typically instructed to apply an objective reasonable- person standard. Common law felt that someone that was provoked is less culpable.
