Also known as: serious provocations · adequate provocation
Written by attorneys · grounded in primary & secondary sources — see below
Conduct that would arouse a sudden and intense passion in the mind of an ordinary person. Recognized categories include a serious battery inflicted on the defendant or a close relative, a threat of deadly force, and discovery of a spouse engaged in sexual relations with another person.
Samantha Stone watched as her neighbor punched her younger brother in the face during an argument at a family gathering. Samantha immediately seized a nearby tool and struck the neighbor fatally. The battery on her brother qualifies as serious provocation that can support reduction to voluntary manslaughter.
Sarah Sullivan returned home early and found her spouse in bed with another person. She seized a nearby object and killed the intruder in the ensuing struggle. The discovery supplies the serious provocation needed to mitigate an otherwise murderous killing.
Select any source to read its text and confirm it supports the definition.
Sasha Stone attended a meeting where her supervisor grabbed her by the collar, shook her, and slapped her across the face. Sasha immediately struck back with a concealed object and killed the supervisor. The physical attack constitutes serious provocation that can reduce the charge.
Stella Shapiro argued with a coworker who suddenly reached into a bag during a heated exchange. Believing a weapon was being drawn, Stella struck first with a heavy object and caused death. The apparent threat revives the passion required for serious provocation.
Sydney Santos saw her employer punch her younger sister after a workplace dispute. Sydney responded at once with a nearby tool and killed the employer. The serious battery on a close relative meets the standard for adequate provocation.
Seth Shapiro learned of his spouse's affair through messages received hours after an initial confrontation. He later located and killed the other person. The original discovery no longer supplies fresh serious provocation once time has passed.
Serious provocation includes a serious battery on the defendant or a close relative and discovery of a spouse in the act of adultery. Mere words or past wrongs do not suffice.
Discovery of a spouse engaged in sexual relations supplies serious provocation only if the killing occurs before a reasonable cooling-off period has elapsed and the defendant in fact did not cool off.
Yes. A serious battery inflicted on a close relative such as a sibling qualifies as adequate provocation because the common law recognizes harm to family members as inflaming passion equally to harm directed at the defendant.
Even when serious provocation exists, the defendant must have killed before a reasonable person would have cooled and must in fact not have cooled. Time spent completing other tasks or deliberate searching for the victim shows cooling has occurred.
…of passion—whether produced by rage, resentment, anger, terror or fear—is reduced from murder to manslaughter only if there was adequate provocation, such as might naturally induce a reasonable man in the passion of the moment to lose self-control and commit the act on impulse and without reflection. See Bishop v. United States , 71…