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Provocation. - Words or actions leading to killing of another person under hot passion and without deliberation - Provocation is only available against a murder charge because it only acts to reduce the convection to manslaughter, which is less serious then murder. .
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-Words or actions leading to killing of another person under hot passion and without deliberation- Provocation is only available against a murder charge because it only acts to reduce the convection to manslaughter, which is less serious then murder.
The defendant must provide evidence to the trail judge in order for the judge to consider this defense. • The jury then must decide.. 1) Was the defendant provoked to lose self-control? and 2) Was the provocation enough to make a reasonable person do what the defendant did?
A situation where a person is forced, threatened and or pressured to perform an act he or she would not usually perform. The act is usually illegal. • These requirements must be met in order for duress to be consider a defense.. 1) The threat must be of serious bodily harm or death. 2) The threatened harm must be greater than the harm caused by the crime 3) The threat must be immediate and inescapable 4) The defendant must have become involved in the situation through no fault of his or her own
