provocation


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Provocation

Conduct by which one induces another to do a particular deed; the act of inducing rage, anger, or resentment in another person that may cause that person to engage in an illegal act.

Provocation may be alleged as a defense to certain crimes in order to lessen the severity of the penalty normally imposed. For example, provocation that would cause a reasonable person to act in a heat of passion—a state of mind where one acts without reflection—may result in a reduction of a charge of murder to a charge of voluntary Manslaughter.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

provocation

in the criminal law, a doctrine that may mitigate an offence. It will reduce a charge of murder to manslaughter in England or to culpable homicide in Scotland. In the civil law in Scotland, provocation can reduce the damages payable for an assault in delict, but not in England for tort.
Collins Dictionary of Law © W.J. Stewart, 2006

PROVOCATION. The act of inciting another to do something.
     2. Provocation simply, unaccompanied by a crime or misdemeanor, does not justify the person provoked to commit an assault and battery. In cases of homicide, it may reduce the offence from murder to manslaughter. But when the provocation is given for the purpose of justifying or excusing an intended murder, and the party provoked is killed, it is no justification. 2 Gilb. Ev. by Lofft, 753.
     3. The unjust provocation by a wife of her husband, in consequence of which she suffers from his ill usage, will not entitle her to a divorce on the ground of cruelty; her remedy, in such cases, is by changing her manners. 2 Lee,, R. 172; 1 Hagg. Cons. Rep. 155. Vide Cruelty; To Persuade; 1 Russ. on Cr. B. 3, c. 1, s. 1, page 434, and B. 3, c. 3, s. 1, pa e 486; 1 East, P. C. 232 to 241.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
"The enemy attempted to deny the fact by making false statements to conceal provocations committed by their armed forces aimed at straining the situation on the contact line.
Taking this one step further, in many states in the United States, a man (7) who killed his wife upon discovering that she had been unfaithful to him can rely upon the provocation defense so long as he can demonstrate that sudden discovery of the infidelity affected his subjective judgement.
Assuming now that there was no provocation, the relevant factual basis is that Cohne committed an assault and battery outside the Club door 'suddenly,' 'without any warning,' and 'without provocation' against Yianacopolus, and Cohne 'negligently used excessive force' by 'striking [Yianacopolus] in the face.' .
The nine core chapters that examine the 10 case studies are extremely dense and detailed making it quite challenging for a reader to discern the degree of rationality driving each provocation. Fortunately, in the concluding chapter the author includes a helpful table that allows the reader to review the key elements of each provocation and see where Shin comes out.
The provocation phase played a crucial role in localizing the feeling of anger in the brain.
AA as the sole Albanian opposition will not be silent about this provocation, but will undertake all necessary political activities, especially in cooperation with the international factor EU and US.
If it makes a provocation even though Seoul and Washington agree to delay the drills, it will leave no excuse in North Korea's argument that it is developing the missiles as self-defensive measure against a possible invasion by the allies.
But after a trial at the High Court in Glasgow, jurors unanimously convicted Kirkwood of the lesser offence of culpable homicide under provocation.
Union of citizen patrol volunteers calls on people to avoid provocations AKIPRESS.COM - Representatives of the union of citizen patrol volunteers urged the general public not to yield to provocations, which will lead to chaos in the country.