Loss of Self-Control, Dual-Process Theories and Provocation

Document Type

Article

Publication Title

Fordham Law Review

Publication Date

1-1-2020

Comments

Contemporary understanding of the provocation defense views the "loss of self-control" theory as the cornerstone of this partial excuse. In considering whether to reduce murder charges to manslaughter, juries and judges rely on this theory to determine if the defendant lost self-control after experiencing intense emotional arousal and if a reasonable person would have also likely lost self-control in similar circumstances.

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