Also known as: legally sufficient provocations · adequate provocation · sufficient provocation
Written by attorneys · grounded in primary & secondary sources — see below
A category of provocation recognized at common law as sufficient to arouse sudden and intense passion in an ordinary person. The category reduces an intentional killing from murder to voluntary manslaughter when the defendant actually became provoked, a reasonable person would not have cooled off, and the defendant in fact did not cool off.
Select any source to read its text and confirm it supports the definition.
Lars Lindstrom saw his brother struck repeatedly by a neighbor during an argument. Lars immediately seized a nearby tool and struck the neighbor fatally. The serious battery on a close relative supplied the recognized category of provocation that satisfied the first element of the defense.
Latoya Lane returned home early and found her spouse in bed with another person. She seized a nearby object and killed the intruder on the spot. The discovery placed the killing within the recognized category that mitigates murder to voluntary manslaughter.
Lillian Locke was slapped and shoved by a coworker during a workplace dispute. She grabbed a nearby letter opener and struck back fatally before any interval passed. The serious battery met the category of provocation that can reduce the offense.
Luis Lopez learned of his spouse's infidelity through direct observation at a party. He struck the other person fatally within moments. The facts triggered the category because an ordinary person would experience sudden intense passion from the same events.
Levi Lowe faced an advancing coworker who brandished a knife after an argument. Levi responded with a fatal blow from a nearby object. The threat of deadly force placed the incident within the category courts most frequently recognize as adequate.
Lena Lawson discovered her spouse's affair and left the scene. Hours later she returned and killed the other person after receiving additional messages. The passage of time removed the incident from the recognized category because passion had cooled.
Certain situations qualify, including a serious battery on the defendant or a close relative and catching one's spouse in the act of adultery. Courts also recognize a threat of deadly force. Mere words, trivial battery, and past wrongs do not qualify.
Supporting sources
The provocation must be of a type that would cause an ordinary person to experience sudden and intense passion sufficient to overwhelm self-control. The defendant must also have actually become provoked. Both the objective and subjective elements must be satisfied.
…Assault with intent to murder by a white person was punishable by a prison term of from 2 to 10 years. Div. 4, § 4258. While sufficient provocation could reduce a charge of murder to manslaughter, the code provided that "[o]bedience and submission being the duty of a slave, much greater provocation is necessary to reduce a homicide of…
…of passion—whether produced by rage, resentment, anger, terror or fear—is reduced from murder to manslaughter only if there was adequate provocation
…manslaughter, which was initially restricted to cases of “chance medley,” came to include homicides where the existence of adequate provocation
…to that paragraph, it is an element of manslaughter that the defendant injured the deceased in the heat of passion caused by adequate provocation
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Yes. The killing must occur before a reasonable person would have cooled off, and the defendant must in fact not have cooled off. Time spent completing other tasks or traveling can demonstrate cooling even if the original provocation was adequate.
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No. Mere words alone remain categorically inadequate regardless of how insulting they are. A serious battery or discovery of adultery must accompany or replace the words to satisfy the category.
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Yes. A serious battery inflicted on a close relative satisfies the recognized category. The fact that the battery was not directed at the defendant personally does not remove it from the category.
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