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Legal Definitions - provocation
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Definition of provocation
Provocation is when someone does something that makes another person so angry or upset that they lose control and do something they wouldn't normally do. This can happen in many different situations, but it is most commonly used as a defense in criminal cases.
In criminal law, if someone kills another person but was provoked into doing so, they may be charged with a lesser crime like manslaughter instead of murder. Some situations that might be considered adequate provocation include:
- Discovering a spouse cheating
- Getting into a fight with someone and then killing them
- Being severely assaulted or injured
These examples show how someone might be provoked into killing another person. However, it's important to note that provocation is not a complete defense and may only reduce the severity of the crime.
Provocation can also be used as a defense in other legal situations. For example:
- In a divorce case, if one spouse claims that the other abandoned them, the other spouse might argue that they were provoked into leaving because of the other spouse's cruel behavior.
- If someone is attacked by an animal, the owner of the animal might argue that the victim provoked the animal into attacking them.
These examples show how provocation can be used in different legal contexts to defend against accusations or claims. In each case, the person is arguing that they were provoked into doing something that they wouldn't normally do.
Law school: Where you spend three years learning to think like a lawyer, then a lifetime trying to think like a human again.
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Simple Definition
Provocation is when someone does something that makes another person very angry or upset, causing them to act without thinking. This can happen in many different situations, like when someone cheats on their partner or when two people get into a fight. In some cases, if someone is provoked enough, it can be used as a defense in court to show that they didn't mean to do something bad. However, just using words to provoke someone is usually not enough to make it a defense.
The end of law is not to abolish or restrain, but to preserve and enlarge freedom.
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