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.

provocation

noun abuse, actuation, affront, aggression, agitation, angering, annoyance, causation, cause, defiance, exasperation, excitation, excitement, goad, grievance, impulsion, incentive, incitement, inflammation, inspiration, instigation, insult, irritation, motivation, motive, offense, pressure, prick, prodding, prompting, provocative, spur, stimulant, stimulation, stimulus, taunt, temptation, urge, vexation
Associated concepts: defense of provocation, extreme provocation, just provocation, legal provocation
See also: aggravation, basis, catalyst, incentive, inducement, influence, instigation, motive, reason, stimulus

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.

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.

References in classic literature ?
I had sent so many memorials and petitions for my liberty, that his majesty at length mentioned the matter, first in the cabinet, and then in a full council; where it was opposed by none, except Skyresh Bolgolam, who was pleased, without any provocation, to be my mortal enemy.
It seems to me," said Sancho, "that the knights who behaved in this way had provocation and cause for those follies and penances; but what cause has your worship for going mad?
He bared his fangs now as naturally and upon as slight provocation as Sheeta, the panther, bared his.
Fix's manner had not changed; but Passepartout was very reserved, and ready to strangle his former friend on the slightest provocation.
He had swept it out of existence, as it seemed, without any provocation, as a boy might crush an ant hill, in the mere wantonness of power.
What is more, he will talk to you with excitement and passion of the true normal interests of man; with irony he will upbraid the short- sighted fools who do not understand their own interests, nor the true significance of virtue; and, within a quarter of an hour, without any sudden outside provocation, but simply through something inside him which is stronger than all his interests, he will go off on quite a different tack--that is, act in direct opposition to what he has just been saying about himself, in opposition to the laws of reason, in opposition to his own advantage, in fact in opposition to everything .
The general proposed to cast lots for the swords, but the president said it was he who had given the provocation, and when he had given it he had supposed each would use his own arms.
cried Mordaunt, as if disposed to reply at once to the provocation.
Yes," replied Grandfather; "it was so called, because the British, without provocation, had fired upon a party of minute-men, near Lexington meeting-house, and killed eight of them.
Should we hear of any atrocities committed by the Arickaras upon captive white men, let this signal and recent provocation be borne in mind.
However, she said, "Your servant, sir," and curtsied with an air of perfect deference as she advanced towards him: she was not the woman to misbehave towards her betters, and fly in the face of the catechism, without severe provocation.
It began by the youngest girl suddenly, and without provocation, addressing her eldest sister.