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Passion's progress: modern law reform and the provocation defense.
From:
The Yale Law Journal
| Date:
March 1, 1997| Author:
| COPYRIGHT 1997 Yale University, School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group.Copyright information
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The Article presents findings from the first systematic study of intimate homicide cases that raise the heat of passion or provocation defense. Based on this data, it argues that legal reform has shaped a flawed image of passionate killing, an image that ignores, and thus partially punishes, women's attempts to separate or depart from intimate relationships. After examining the standard theories of self-control supporting reform's approach, the Article argues that the provocation defense, in practice, protects something more than the defendant's autonomy. It protects norms about ...
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