Also known as: greatly provoked · adequate provocation · sufficient provocation
Written by attorneys · grounded in primary & secondary sources — see below
A circumstance that arouses sudden and intense passion in an ordinary person and satisfies the objective and subjective requirements for mitigation at common law. The provocation must actually inflame the defendant, leave no reasonable time for cooling, and in fact prevent cooling before the killing occurs. Serious battery on the defendant or discovery of a spouse in the act of adultery qualifies as great provocation.
Greta Goldstein returns home early from work and finds her spouse in bed with another person. Overcome by sudden rage, Greta immediately seizes a nearby object and strikes the other person, causing death. The discovery meets the requirements for great provocation because it is a classic situation that arouses intense passion in an ordinary person and leaves no time for cooling.
Gideon Graves learns that his spouse has been unfaithful and walks in on the spouse engaged in sexual relations with another person. Gideon grabs a nearby tool and strikes the other person fatally before any time passes for reflection. The killing would otherwise be murder but is reduced because the discovery constitutes great provocation that produces heat of passion.
Select any source to read its text and confirm it supports the definition.
Gino Giordano is confronted by a coworker during a work dispute. The coworker grabs Gino by the collar, shakes him, and slaps him across the face. Gino immediately draws a concealed object and strikes the coworker fatally. The serious battery qualifies as great provocation that supports reduction from murder to voluntary manslaughter.
Gerald Gibson is shoved forcefully by an acquaintance during a heated exchange. The shove constitutes a serious battery. Gerald instantly seizes a nearby heavy object and delivers a fatal blow before any opportunity for cooling arises. The facts satisfy every element of great provocation under the common law test.
Gavin Grant faces an advancing attacker who brandishes a weapon and threatens imminent deadly harm. Gavin responds at once with a fatal strike using a nearby tool. Courts recognize a threat of deadly force as great provocation that reduces the offense to voluntary manslaughter when the other elements are met.
Gustavo Gutierrez discovers his spouse in an intimate act with another person and leaves the scene momentarily. He returns shortly afterward still under the influence of the sudden passion and kills the other person. The initial discovery supplies great provocation even though a brief interval passed before the fatal act.
Serious battery inflicted on the defendant or a close relative and catching one's spouse in the act of adultery are recognized as adequate provocation. Courts also recognize a threat of deadly force. Mere words, trivial battery, and provocation based on past wrongs do not qualify.
Supporting sources
An intentional killing that would otherwise be murder is mitigated when the defendant kills in the heat of passion upon great provocation before a reasonable cooling-off period has elapsed. The provocation must be objectively sufficient to arouse sudden intense passion in an ordinary person, the defendant must actually have been provoked, and the defendant must not have cooled off.
Supporting sources
Yes. Catching one's spouse engaged in sexual relations with another person has long been treated as classic adequate provocation that reduces murder to voluntary manslaughter when the killing occurs immediately in the heat of passion.
Supporting sources
No. Mere words alone are legally inadequate provocation and do not reduce murder to voluntary manslaughter. The provocation must involve a serious battery, threat of deadly force, or discovery of spousal adultery.
Supporting sources
…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…