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jq79912

Explain the concept of killing in the heat of passion?


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Answered by Kelly Jones
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Killing in the heat of passion

The exact meaning of the heat of passion varies depending on the situation. In general it refers to an irresistible emotion that an ordinary person would experience under the same facts and circumstances. This idea of an irresistible impulse contrasts with the idea of premeditation present in first degree murder, and a showing of one necessarily negates the other. For example, if A sees a stranger, B, desecrating a religious monument and flies into a rage during which he kills B, the state would likely charge A with voluntary manslaughter, not murder. If, on the other hand, A had a long-standing, uncontrollable hatred for B because of his criticism of A faith, and A hid and waited for B to desecrate the monument with the intent kill B, then the state would most likely bring a murder charge against A.
 
jca68479
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Written 3 years ago
 
 
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