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 ?
However, at 10-year follow-up the rates were 3.70 for cancer-related VTE, 2.84 for unprovoked VTE, and 2.22 for provoked VTE, which reinforces the belief that "unprovoked venous thromboembolism is associated with long-term higher risk of recurrence than provoked venous thromboembolism."
" The PPP stalwart felt that the state was unable to perform its job, saying, The public is being provoked against the judges who ruled as per the law.
Spain struggled to break down Carlos Queiroz's organised side but moved level with Portugal on four points at the top of Group B.And after a journalist at the post-match press conference suggested Costa had provoked his opponents, the Atletico Madrid forward responded strongly.
He added that his party has never provoked conflict between institutions, adding that it never benefits the country to have weak institutions.
Former Prime Minister (PM) Barrister Sultan Mahmood during an election campaign openly provoked people to carry arms and open fire if situation went worse.
aWe can presume that the events in the beginning of 2013 were provoked by certain Russian interests, connected to the South Stream gas pipeline,a Tsvetanov told the Nova TV breakfast show.
and settlers had provoked the students, according to the local school principal
Let us look at some of the recent aspects where bigotry may have been provoked.
Parnaik said India will continue to retaliate whenever provoked.
The German far-right organisation Pro Deutschland has said it wants to screen(http://www.ibtimes.co.uk/articles/384756/20120916/innocence-muslims-islam-mohammed-al-qaida-libya.htm) Innocence of Muslims , the US-produced film that has provoked angry demonstrations worldwide.
Lavrov stressed that the extremist opposition members have been provoked to adopt an extremist path that aims at toppling the regime and rejects any calls for dialogue, indicating that the extremist gunmen exploit the peaceful demonstrations to provoke the Syrian authorities.
Dubai A lawyer defended in court that 11 detainees, accused of deliberately setting fire to a detention centre, were provoked because they were banned from smoking and working out.