• Provocation as a Defence

    1968 Words  | 8 Pages

    Provocation as a Defence For a person to be criminally liable they must be commit the relevant prohibited act, or omission; the actus reus, and also be in the requisite mental state; mens rea, and also have no valid defence. Defences available cover situations such as insanity, duress or intoxication. However the Courts have accepted that there are situations in which a defendant has committed the relevant actus reus for murder, and also displayed thee relevant mens

  • Development Of Defense Of Provocation

    2243 Words  | 9 Pages

    Development of Defense of Provocation Question: Critically evaluate the development of common law principles applicable to the defence of provocation in criminal law from the decision in Mancini v DPP [1942] AC 1 to Mascantonio v R (1995) 183 CLR 58. Assess the degree to which the common law has proved inflexible in responding changing societal needs and expectations. Are there other legal means of achieving substantive justice?      At the time of the case of Mancini

  • Provocation Through Comedy

    1137 Words  | 5 Pages

    Provocation Through Comedy If I were to write a film concerning women and sports, first of all I think I'd make it a comedy. I think sometimes it is easier to convey serious thoughts through a comedy, because the viewer doesn't feel so tangled up in the emotion of drama, leaving them laughing and in a good frame of mind to consider the points being made by the film after they watch the film. I think this idea is much akin to the idea that it is easier to discuss issues and problems of race and

  • Responding to Socrates’ Pedagogical Provocation

    3604 Words  | 15 Pages

    Responding to Socrates’ Pedagogical Provocation ABSTRACT: In this paper I examine the text of the Symposium to illustrate two non-philosophical responses to Socrates’ pedagogical provocation. While Apollodorus and Aristodemus, two Socratic disciples, demonstrate their erotic commitment to Socrates, they do not practice philosophy. They manifest their non-philosophical behavior in two ways. First, they idolize and imitate Socrates. Second, they constantly tell stories about Socrates. In the first

  • Provocation From Resource Inequality : Response And Ego Depletion On The Individual That Perceives The Inequity

    1200 Words  | 5 Pages

    Provocation from resource inequality can elicit anger response and ego-depletion in the individual that perceives the inequity. Previous studies have shown that rumination and self-control act as mediators for this aggression. Individuals who often experience rumination and exercise poor executive control are more likely to ruminate on their negative situation. The current study provides the specificity of resource inequality as a provocation of aggression and anger, as well as the distinction

  • U.S. Provocations into the Bombing of Pearl Harbor and The Knowledgeable FDR Administration

    898 Words  | 4 Pages

    December 7th, 1941 was the date of a horrific attack on a United States naval base in a harbor in Hawaii. On that day the harbor was attacked by both the air and sea. As about 350 Japanese aircraft flew over the naval harbor, out of their planes dropped bombs (Pearl Harbor day of infamy, 2013). With the help of Japanese submarines, they both would damage 8 battle ships, with 4 of them sunk in the harbor. On that day about 2,403 Americans were tallied up in the casualties, and over 1,178 navy and

  • Victoria's New Defense to Homicide Laws

    1369 Words  | 6 Pages

    I INTRODUCTION Since the abolishment of provocation, Victoria’s defensive homicide laws have been viewed as more equal and accessible. Although they are criticized in some aspects, the defensive homicide laws that New South Wales hold are viewed as outdated and gender-bias, therefore leading to the conclusion that Victoria should retain its current law, instead of favoring that in NSW. II DEFENCES TO HOMICIDE IN VICTORIA: PRIOR TO 2005 Prior to 2005, Victoria and NSW shared similar defences

  • Gender Differences And Aggression Essay

    917 Words  | 4 Pages

    Review The article “Gender Differences in Aggression as a Function of Provocation: A Meta-Analysis” by B. Ann Bettencourt and Norman Miller examines multiple studies of aggression between sexes and correlates the differences to neutral or provocative settings. Hypothesis The researchers predict that although men are said to be the more aggressive gender, the differences in aggression of men and women are reduced when provocation is involved. Neutral Setting Bettencourt and Miller argue that the study

  • Defences for Murder

    603 Words  | 3 Pages

    for murder; suicide pact, provocation-the loss of self control and reaction must be instantaneous and diminished responsibility. Amongst the three mentioned two are most frequently used, these are provocation and diminished responsibility, and only one full defence, self defence. These defences are used to reduce the sentence charge by the defendant to manslaughter from murder. In the following text I will be examining how men use provocation and diminished responsibility

  • Sudden Anger and Founding a Partial Defense to Murder

    1878 Words  | 8 Pages

    Sudden Anger and Founding a Partial Defense to Murder Provocation acts as a partial defence to murder, but only to reduce the conviction to manslaughter. The defence of provocation only becomes relevant when the prosecution can show evidence that proves that the defendant killed the victim with the necessary mens rea for murder, that is ‘an intention to kill or an intention to cause grievously bodily harm’.1 If the jury accepts that the defendant may have been provoked

  • The Law on Voluntary Manslaughter

    600 Words  | 3 Pages

    The Law on Voluntary Manslaughter Voluntary manslaughter, as established by the Homicide Act 1957, is determined by three sections: diminished responsibility, provocation, and suicide pact. Diminished responsibility is established by Section 2 of the Homicide Act. It may be used as a defence to murder if the defendant can prove an abnormality of the mind (if, for example, the defendant is an alcoholic, or has a mental condition as in R v Byrne, where the defendant

  • Essay On Antisocial Personality Disorder

    954 Words  | 4 Pages

    and those without psychopathy will have a lesser functioning rate on the tests that will evaluate all research subjects in tasks based on vocal responses, spur responses, making decisions and learning to respond to provocations that lead to benefits and eluding responding to provocations that lead to punishments. In the second hypothesis, they stated that antisocial criminals without psychopathy will score similarly on hot and cold processing tests. Initially, the study was fully explicated to all

  • Self-Defense?

    825 Words  | 4 Pages

    clarifications of the various provisions of the law. The exact outline of what constitutes as provocation varies by jurisdiction. Courts should apply a reasonableness standard to questions of provocation in self-defense cases. There are three confusing and contradictory standards currently in place for determining provocation exceptions in jurisdictions across the country: Any Provocation, Straight Provocation and Provocation with intent. These different frames are not mutually exclusive and the behavior that

  • Hamlet and His Sanity As Determined in a Court of Law

    2481 Words  | 10 Pages

    conscious of his actions as he murders Polonius through his malicious intent upon King Claudius. Also, with Hamlet being in an intense state of emotion during his confrontation of Queen Gertrude, he intentionally murders Polonius upon adequate provocation which results to voluntary manslaughter. However, by pursuing King Claudius, Hamlet endangers himself and those close to him as he relentlessly involves others through his dangerous pursuit. From a legal context, Hamlet is declared sane when he

  • `` Reality Hunger `` By David Shields

    2047 Words  | 9 Pages

    Little kids are the only ones who like fiction books and situations. That statement is mostly true for David Shields, the author of the book, “Reality Hunger." Shields wrote a book that has passages, also called provocations of different quotes and subjects that other writers have said, he includes some passages that he has written too, but he is stating what he thinks about the other authors statements and words and giving responses to them. He connects the state of literature at the moment, the

  • The Law on Murder and Proposed Reform

    748 Words  | 3 Pages

    reform of the defence of "provocation" in murder cases. The recommendations would make the offence of murder more available to victims of domestic violence who kill their partner in self-defence. At present, if the provocation defence is successfully put forward the accused will be convicted of manslaughter rather then murder and the judge will not have to pass a life sentence. The experts also proposed tightening the law so the provocation defence could not be used in

  • The Differences Between Types of Homicides

    796 Words  | 4 Pages

    inappropriate things to B, and B "just snaps" and kills A. B is guilty of second-degree murder because the killing was intentional, but it was not premeditated-it happened in the moment. However, in most jurisdictions, words alone cannot serve as provocation, hence the example above. The second type of second-degree murder is unintentional. This is the case when the defendant's conduct that led to the homicide was reckless as to a high probability of death. An example of this would be someone shooting

  • Sentencing for Murdering

    1206 Words  | 5 Pages

    family, still proceeds causing harm to all of them. There was only one possible defense to murder in 1955 when Ruth Ellis was on trial, provocation. Provocation is defined as ‘evidence of which a jury can find that the person charged was provoked (whether by things done or by things said or by both together) to lose his self-control, the question whether the provocation was enough to make a reasonable man do as he did shall be left to be determined by the jury; and in determining that question the jury

  • Letter From The Birmingham Jail

    970 Words  | 4 Pages

    in their letter titled “Letter from the Eight Clergymen”. In his letter, Martin Luther King Jr. provided multiple responses about segregation. A few those included, the point of the protests being untimely, just and unjust law breaking, and the provocation of violence. Along with these statements, Martin Luther King Jr. provided great detail on the horror colored men and women have to face everyday. Some of these included the disrespect of married women, and beating his colored brothers and sisters

  • Actus Reus of Murder

    453 Words  | 2 Pages

    doing or being party to the killing. (2) on a charge of murder, it shall be for the defence to prove that the person charged is by virtue of this section not to be convicted of murder. Provocation is only a defence to murder. Even when D successfully pleads provocation as a defence to murder, it only reduces liability to manslaughter. The common law rule has been modified but not replaced by section 3 of the homicide act 1957. (3) where on a charge of murder

  • Aggression and Social Psychology

    774 Words  | 4 Pages

    aggression. Affective aggression (also labeled 'hostile' or 'emotional' is usually conceived as impulsive, thoughtless (that is, unplanned), driven by anger, having the ultimate motive of harming the target, and occurring in reaction to some perceived provocation. Instrumental aggression, in contrast, is usually conceived as a premeditated means of obtaining some goal other than harming the victim, being proactive rather than reactive, and resulting from cold calculation rather than hot affect. Impulsive

  • Criminal Law Case Study

    2266 Words  | 10 Pages

    this, then mens rea would be established. If the Prosecution succeeds in establishing prima liability, it is then open to Tom to raise the possible defence of provocation. This defence is given statutory force under Sec 3 of the HOMICIDE ACT 1957. under the provision words alone can amount to provocation and hence Sara’s criticism can constitute this. To establish the defence Tom would firstly have to show that he was provoked to lose his self control (a subjective

  • Alcohol And Aggression Essay

    1182 Words  | 5 Pages

    the difference in aggression between sober and intoxicated participants would decrease as the intensity of provocation increased, that provocation and frustration will have similar directions of influence on the difference in aggression between sober and intoxicated participants, and finally that frustration will be related to alcohol-potentiated aggression in the same manner as the provocation. In this research article researchers used three methods to locate studies for the meta-analysis. The three

  • Cognitive Disorder, Automatism, Defenses And Excuse Defense

    1823 Words  | 8 Pages

    of pure judgment which may vary from one person to another. The definition of justification is “the involvement the defendant admitting that when they committed a criminal act; their actions were justified by duress, necessity, self-defense, provocation, and entrapment.” (, 2014) This legal defense allows the defendant to give understanding as to why they committed the crime, and the best opportunity to justify their side of the story to make it seem ok in the eyes of others. Duress

  • Domestic Violence Is No New Issue

    1183 Words  | 5 Pages

    The defense of the guidelines says that defense of provocation “favours men who kill in anger rather than women who kill out of fear.” Seemingly suggesting that men who kill their wives in a temporary state of anger may plead manslaughter by provocation. On the other hand, a woman who kills her abusive husband after being a victim of domestic violence for a long period of time will always be denied a plead of manslaughter on the grounds of provocation. In an article titled, “Is Abuse an Excuse for

  • Missile Aerial Vehicles, Stryker Platform, And Future Systems

    1067 Words  | 5 Pages

    persistence and other threats around the world continue to develop for instance provocation with North Korea. North Korea Provocation Just last August, tensions between North Korea and the US were at an all-time high when North Korean Soldiers snuck across the border and planted land mines near one of the South Korea’s military guard posts. The mines exploded injuring two South Korean Soldiers on 4 August 2015. The provocation by North Korea almost led to a war with North and South Korea. Both North

  • Essay On Victim Precipitation

    728 Words  | 3 Pages

    was studied and thought to be a piece of the whole picture of a crime committed. As time progressed it was not thought to be as much as a factor. Victim precipitation is separated into two different categories: victim facilitation and victim provocation. Victim facilitation being instances where the victim "facilitated" the crime by creating the opportunity, such as: walking around late at night in dangerous areas, going to the ATM and withdrawing large amounts of money at unsafe times or places

  • Case Regarding Ssgt James Of The 101st Security Forces

    1335 Words  | 6 Pages

    at the house with his loaded handgun and shot Pam in the head, killing her instantly. 3. There are many issues at hand. First, what type of homicide occurred at SSgt James’ house when SSgt James killed SSgt Dwight? Further, was there adequate provocation regarding SSgt James’ actions? Next, what type of homicide occurred on the street when SSgt James’ car collided with and killed the child? To what degree of negligence was he acting in accordance with? Lastly, what type of homicide occurred when

  • The On Youth Delinquency And Potential Solutions

    1343 Words  | 6 Pages

    Scripture wisely exhorts fathers to be wary of how they treat their children; specifically, Ephesians 6:4 warns against provocation, and encourages a Godly model of compassion with a proper response to bad behavior. This Scripture encompasses a variety of behaviors or actions by a father that could potentially be provoking or damaging to a child. Along with this, the potential harmful effects of such behavior on youth delinquency and potential solutions to these problems will be discussed. Proverbs

  • R v Maglovski

    1614 Words  | 7 Pages

    wounds and 37 slash wounds, all inflicted by Mr. Maglovski. The wounds were inflicted with a knife taken from the couple’s kitchen. Mr. Maglovski pleaded not guilty to the charge of murder, but pleading guilty to manslaughter with the defense of provocation. In the months prior to her death Mrs. Maglovska had been becoming more and more independent, and on the day that she decided to leave Mr. Maglovski she allegedly spat in his face and told him that she didn’t want to live with him anymore. The fight

  • Civilized America?

    901 Words  | 4 Pages

    “[The] law is supposed to address itself to the serious and dangerous impulses that endanger life, limb, and property. Etiquette addresses provocations that are minor but can grow serious if unchecked” (Martin, par. 7). Those minor provocations include: the form of communication towards others, respect for elders and authorities, and dignity. Once minor provocations are not managed properly, social troubles could arise. For instance, the law enforcement has become involved when minor etiquette behaviors

  • Psychopathy

    2030 Words  | 9 Pages

    effect on emotional processing humans. Lapate et al. (2013) found conscious awareness mediated affective emotional processing. They presented affective-provocation images (fearful faces, spiders, and flowers) to participants in conscious aware and unaware conditions and then asked them to rate a neutral face. They found that the affective-provocation images influenced the neutral face rating only in the stimulus unaware condition. They explained this effect as a result that a lack of awareness can

  • War Between North and South Korea

    1121 Words  | 5 Pages

    North and South Korea. North Korea’s extensive missile and nuclear weapons programs along with their further nuclear ambitions block a peaceful unification of these two countries. North Korea often threatens to attack South Korea at the slightest provocation. The ongoing conflict between these two nations has escalated in recent decades. Even though North Korea has threatened war several times, this self-proclaimed defensive country explains their decision to develop nuclear weapons by claiming they

  • conflict management

    1580 Words  | 7 Pages

    years. First, the nature of the Ambon people that tend to be hotheaded in facing problems that deals with sensitive matters, and thus, making it easier for them to be manipulated by provocateurs. This led to the second factor: enormous number of provocations, including manipulation, brainwash, lead some people to create or worsen the conflict. The provocateurs’ origins and interests varies, some were thugs, some were ABRI men, some were just usual common people which was already manipulated and/or

  • Dog Bite Claim Against Chef Sofia

    2332 Words  | 10 Pages

    our firm the opportunity to assist you with the Connors ' dog bite claim against Chef Sofia. It is likely that a court will rule in favor of Chef Sofia in this matter. Under the Illinois Animal Control Act, “[i]f a dog or other animal, without provocation, attacks, attempts to attack, or injures any person who is peaceably conducting himself or herself in any place where he or she may lawfully be, the owner of such dog or other animal is liable in civil damages to such person for the full amount

  • Hamlet

    518 Words  | 3 Pages

    watch his reactions with his own eyes. "For I mine eyes will rivet to his face, / And after we will both our judgments join / In censure of his seeming." (III,ii) Hamlet's revenge, when it finally occurs, is the result of considerable provocation. Claudius has been exposed by Laertes as a conspiring murderer of Prince Hamlet. Claudius has caused Hamlet to be the death of several people, notably Ophelia and Gertrude. In the end Hamlet kills Claudius, and the ghost is revenged.But truly, whose

  • Pros And Cons Of Gotube And Twitter Justifiable

    996 Words  | 4 Pages

    interrupt social networking sites in order to prevent government policies from spreading. It is contention of some people that the government should regulate social media in case of provocations against the country, threatening the security and national unity. They may have a point, but, they miss the point that also provocations are a part of the media today, besides, not only of social media but also of televisions and newspapers as well. Even the major companies propagate commonly in order to manipulate

  • The Attack On Pearl Harbor

    1177 Words  | 5 Pages

    memo was written more than a year before the attack on Pearl Harbor, and in it he describes the situation in both Europe and the Pacific. He then outlines a series of eight steps that he believed the United States should take. Supporters of the provocation theory see these eight actions as steps used to force Japan into attacking the United States first. However, those same eight actions can be seen as necessary steps for the United States to attempt to forestall going to war with Japan, but in the

  • Androgenic-anabolic steroids

    1458 Words  | 6 Pages

    digesting these findings, keep in mind that testosterone propionate and nandrolone decanoate are two components of anabolic steroids. M. Breuer’s study “Aggression in male rats receiving anabolic androgenic steroids: effects of social and environmental provocation” examined the effects anabolic androgenic steroids have on aggression under various environmental and social circumstances. Breuer administered testosterone propionate and nandrolone decanoate into two different groups of male rats for 12 weeks

  • Stelarc and Masochism

    621 Words  | 3 Pages

    self-harm, performed masochistic acts. In 1949, Theodor Reik conducted an in-dept. clinical study of masochism and expressed the idea that there are four components to such behaviour. These components are listed as fantasy, suspense, demonstration and provocation. Each of these terms can be applied to Stelarc’s Event for Stretched Skin. The fantasy was his idea and planning, Stelarc himself described the preparation, ‘The idea came before; I tried to do it in Australia.’ (Stelarc. Interview by Geoffrey DeGroen

  • A New Social Position

    1364 Words  | 6 Pages

    general public standards worms their way into her brain. In the passage before the one I 've picked, the storyteller describes the threats of the old society, for example, neurosis, provocation, and going to places around evening time independent from anyone else. One way the ladies are ensured is that provocation – even simple looks between individuals – are prohibited. Albeit lewd behavior comes in numerous structures, Atwood isolates one from the pack. She records that "… no man yells obscenities

  • Extended Research Report on ‘Offences Against the Person – Murder and Manslaughter’

    1255 Words  | 6 Pages

    can be used to change the outcome of the trial, such as: • Provocation (partial defence) – section 304 of the Criminal Code Act 1899 states that if the accused “does the act which causes death in the heat of passion caused by sudden provocation, and before there is time for the person’s passion to cool, the person is guilty of manslaughter only.” However, this section also states that this defence “does not apply if the sudden provocation is based on words alone, other than in circumstances of a most

  • The Relevancy of Diminished Responsibility

    3517 Words  | 15 Pages

    offence." 3 These theoretical and practical issues have upset feminists who see such matters as the battered woman syndrome as being originally more involved with diminished responsibility, as well as the more obvious use in provocation. Stubbs / Tolmie say "Our concerns seem to have some foundation as evidenced by the number of cases in which the battered woman syndrome has been used to support a manslaughter conviction,or in mitigation of sentence in circumstances

  • Examining Genetic and Environmental Effects on Reactive Versus Proactive Aggression”

    813 Words  | 4 Pages

    and which are unique to reactive aggression. The article defines proactive aggression, or instrumental aggression as “offensive, and cold-blooded, requires neither provocation nor anger” and reactive aggression as “affective, defensive, and hot-blooded, involving angry outbursts in response to actual or perceived provocations or threats” (Brendgen et al., 2006, page 1299). At the time of this study the specific genes related to aggression expression were not known, so it would have been impractical

  • Coca Cola: Marketing Strategy

    562 Words  | 3 Pages

    to develop a trusted brand through its marketing and branding initiatives. Australia is another country where Coke has a marketing strategy. The company is focusing on four primary areas of innovation: Packaging, Products & Equipment, Consumer Provocations, and Cultural Leadership. Coke Australia announced plans of how to capture consumers born between 1990 and 2000. The “Millennials” is what the company calls this group of people (Dan, 2013). They are digital natives who were born into a world dominated

  • “When political protests become fanatic”

    869 Words  | 4 Pages

    inappropriate slogans, dressing indecently and making political protests in the main church of the country is radical and fanatic. First of all, Pussy Riot can be considered fanatic even because of their name and style. Their name itself is a provocation. The word riot means a violent disturbance of the peace by the crowd. The combination of these two words already can tell a lot about the people in this band. It’s a very effective way to get as much attention as possible by choosing such name.

  • Self Reflective Practice

    1765 Words  | 8 Pages

    and ways of interacting” (R.E. Duff, 1995, p. 84). In their article, Transforming Environments Through Self-Reflection Wanda Billheimer and Gina Lewis explore the pattern for change as “Provocation / Reflection / Dialogue,” The authors facilitated groups of teachers through this pattern by providing provocations such as quotes, photos, guest speakers, childhood memories, and passages from books; the authors planned specific reflective questions and then facilitated a respectful dialogue among the

  • Ethical Judgments Limit the Pursuit of Knowledge

    1323 Words  | 6 Pages

    natural science. What about ethical constrain in art? Should artists have unlimited freedom of expression? Or should we limit what they express and how they express it? How do moral characters of artists influence their work? What kind of artistic provocation is ethically unacceptable? These questions bring us quite naturally to a question about the relationship between morality and art. Works of art should be judged not only for the artistic skill they portray but also for the kinds of ideas embodied

  • Mercutio as Catalyst in Shakespeare’s play, Romeo and Juliet

    2313 Words  | 10 Pages

    Till thou shalt know that reason of my love. And so, good Capulet—which name I tender As dearly as mine own—be satisfied (III.i.63-67). Romeo’s response to Tybalt’s provocations becomes “the motive for Mercutio’s intervention in the quarrel” (Utterback 108). Throughout the scene, Mercutio continues to be more hostile than Tybalt and it is Mercutio who actually makes a move toward his sword. “Here’s my fiddlestick; here’s

  • Should Yamaguchi Be Convicted Of Robbery?

    936 Words  | 4 Pages

    absence of Yamaguchi’s gun is that Professor Verde intentionally followed Yamaguchi and Pim to the café and was the only armed party there. Additionally, Professor Verde was neither a victim of the robbery nor a police officer. Thus, there was no provocation at all. 4. No, Yamaguchi is likely not liable for Rodrigo’s death under the provocative murder doctrine. As mentioned above, this law establishes that the defendant is criminally liable when his or her malicious acts lead to a foreseeable and reasonable