Also known as: reasonable explanations or excuses · reasonable excuse · lawful excuse
Written by attorneys · grounded in primary & secondary sources — see below
A standard for mitigating criminal homicide from murder to manslaughter. The standard applies when a defendant acts under the influence of extreme mental or emotional disturbance. Reasonableness is judged from the viewpoint of a person in the actor's situation under the circumstances as the actor believes them to be.
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Raymond Ramos endured years of mockery from his supervisor at a state agency. After the supervisor threatened a punitive transfer and declared that Ramos would never be believed, Ramos shot and killed the supervisor. A jury found that Ramos acted under extreme emotional disturbance with a reasonable explanation or excuse viewed from his situation, so the homicide was classified as manslaughter rather than murder.
Ralph Richardson lost his daughter in a crash and endured months of taunts from teammate Ryan Roberts about the tragedy. After Roberts mocked the death and bragged about injuring Richardson to steal his position, Richardson beat Roberts to death in a rage. The extreme emotional disturbance had a reasonable explanation or excuse from Richardson's viewpoint, reducing the offense to manslaughter.
Rosa Ruiz suffered months of public berating and threats from senior partner Roland Rhodes at an investment firm. During a client meeting Rhodes humiliated Ruiz, fired her, and declared she would never work in finance again. Ruiz immediately shoved Rhodes off a balcony, killing him. The sustained abuse and sudden career-ending humiliation supplied a reasonable explanation or excuse for Ruiz's extreme emotional disturbance.
Rina Rahman endured repeated public belittlement from anchor Dakota at Bridge News. When Dakota announced an on-air exposé of Rahman's prior suicide attempt, Rahman retrieved a handgun and shot Dakota. The prolonged humiliation and imminent public disclosure of private information provided a reasonable explanation or excuse for Rahman's extreme emotional disturbance under the circumstances as she believed them to be.
Riverfront Developments owner Roland Rhodes faced bankruptcy and repeated trespasses by neighbor Mary over water rights. After Mary entered his barn and ridiculed him about the impending forfeiture, Rhodes shot and killed her. The combination of financial ruin and personal attacks on his livelihood and identity supplied a reasonable explanation or excuse for Rhodes's extreme emotional disturbance from his viewpoint.
Under Model Penal Code § 210.3(1)(b), a homicide that would otherwise be murder is manslaughter when committed under extreme mental or emotional disturbance for which there is reasonable explanation or excuse. Reasonableness is determined from the viewpoint of a person in the actor's situation under the circumstances as the actor believes them to be. The jury must find both the disturbance and the reasonable explanation or excuse before mitigation applies.
Supporting sources
…means "with knowledge that the girl was under sixteen" the defendant would be entitled to acquittal. If it means only "without lawful excuse or justification," the question is whether a bona fide reasonable belief as to age is such an excuse. Considering prior enactments and the mischief intended to be prevented, and for the…
…by apparent power of execution. The evidence material to his charge fails to show either any reasonable resistance or any
…to a murder prosecution that the "defendant acted under the influence of extreme emotional disturbance for which there was a reasonable explanation or excuse
…We granted review. Penal Code section 270 provides in pertinent part: "If a parent of any child willfully omits, without lawful excuse
…disoriented his reason to the extent that his emotional reaction, from his own subjective point of view, was supported by a reasonable explanation or excuse
Yes. The Model Penal Code allows consideration of a pattern of humiliation, threats to livelihood, or personal trauma when viewed from the actor's situation. Multiple-choice and essay questions confirm that sustained berating, threats of job loss, or mockery of a family tragedy can supply the required reasonable explanation or excuse even without a single sudden provocation.
Supporting sources
Evidence of deliberation, advance preparation such as bringing a weapon, a significant time gap between the provocation and the act, or conduct that endangers bystanders can show the disturbance was not extreme or lacked a reasonable explanation or excuse. Essay answers emphasize that purposeful targeting and opportunity for reflection undermine the mitigation.
Supporting sources
The test is a hybrid. The disturbance must actually exist in the defendant, but reasonableness is judged from the viewpoint of a person in the actor's situation under the circumstances as the actor believes them to be. This permits consideration of the defendant's individual history and perceptions rather than a purely objective reasonable person standard.
Supporting sources