Also known as: legally adequate provocations · adequate provocation · sufficient provocation
Written by attorneys · grounded in primary & secondary sources — see below
A category of conduct or event that at common law is sufficient to arouse sudden and intense passion in the mind of an ordinary person. The provocation must actually provoke the defendant, leave no reasonable time for cooling off, and in fact prevent cooling off before the killing occurs. Recognized instances include a serious battery on the defendant or a close relative and catching a spouse in the act of adultery.
Lena Lawson was walking home when a neighbor punched her repeatedly in the face without warning. Enraged, Lena immediately drew a knife and stabbed the neighbor once in the chest. The serious battery inflicted on Lena qualifies as legally adequate provocation under the common law rule.
Laura Lewis discovered her husband in bed with another woman. Overcome by sudden rage, Laura seized a nearby object and struck the man, killing him instantly. The discovery of spousal adultery satisfies the requirement that the killing occur in the heat of passion upon adequate provocation.
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Lillian Locke watched a stranger knock her brother to the ground and kick him repeatedly. Lillian grabbed a nearby pipe and struck the attacker on the head, causing fatal injury. The serious battery on a close relative constitutes legally adequate provocation that reduces the killing to voluntary manslaughter.
Lucy Liu was slapped across the face during an argument. Without pausing, Lucy seized a heavy object and struck her assailant, killing him. The immediate response shows that an objectively reasonable person would not have had time to cool off and that Lucy in fact did not cool off.
Levi Lowe was confronted by an armed assailant who pointed a gun at him. Levi drew his own weapon and fired first, killing the man. Courts recognize a threat of deadly force as one of the situations that most frequently qualifies as legally adequate provocation.
Lars Lindstrom learned of his wife's infidelity and left the house to purchase a firearm. He returned and shot the other man. The sequence illustrates how passion may persist long enough to permit further reflection, converting what began as heat of passion into a killing executed without compunction.
Common law recognizes serious battery on the defendant or a close relative, catching a spouse in adultery, and threats of deadly force as adequate provocation. Mere words, trivial battery, and provocation based on past wrongs are legally inadequate.
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Yes. The provocation must be of a type that would arouse sudden and intense passion in an ordinary person, the defendant must actually have been provoked, a reasonable person would not have had time to cool off, and the defendant in fact did not cool off.
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No. At common law, mere words alone are legally inadequate and do not reduce murder to voluntary manslaughter even if they trigger intense anger.
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The killing remains murder. The common law requires that the defendant kill before a reasonable cooling-off period has elapsed. Any interval that allows passion to subside defeats the reduction to voluntary manslaughter.
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…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…