Changes

==Origin==

==Origin==

[https://nordan.daynal.org/wiki/index.php?title=English#ca._1100-1500_.09THE_MIDDLE_ENGLISH_PERIOD Middle English] provocacioun, from Anglo-French provocacion, from [[Latin]] provocation-, provocatio, from provocare

[https://nordan.daynal.org/wiki/index.php?title=English#ca._1100-1500_.09THE_MIDDLE_ENGLISH_PERIOD Middle English] provocacioun, from Anglo-French provocacion, from [[Latin]] provocation-, provocatio, from provocare

*[http://en.wikipedia.org/wiki/14th_century 14th Century]

*[https://en.wikipedia.org/wiki/14th_century 14th Century]

==Definitions==

==Definitions==

*1: the act of provoking : incitement

*1: the act of provoking : incitement

*2: something that provokes, arouses, or [[stimulates]]  

*2: something that provokes, arouses, or [[stimulates]]  

==Description==

==Description==

In criminal [[law]], '''provocation''' is a possible [[defense]] by [http://en.wikipedia.org/wiki/Excuse excuse or exculpation] alleging a sudden or temporary loss of [[control]] (a permanent loss of control is in the realm of [[insanity]]) as a [[response]] to another's provocative [[conduct]] sufficient to justify an acquittal, a mitigated sentence or a [[conviction]] for a lesser charge. Provocation can be a relevant [[factor]] in a [[court]]'s assessment of a defendant's [http://en.wikipedia.org/wiki/Mens_rea mens rea], [[intention]], or [[state]] of [[mind]], at the time of an act of which the defendant is accused.

In criminal [[law]], '''provocation''' is a possible [[defense]] by [https://en.wikipedia.org/wiki/Excuse excuse or exculpation] alleging a sudden or temporary loss of [[control]] (a permanent loss of control is in the realm of [[insanity]]) as a [[response]] to another's provocative [[conduct]] sufficient to justify an acquittal, a mitigated sentence or a [[conviction]] for a lesser charge. Provocation can be a relevant [[factor]] in a [[court]]'s assessment of a defendant's [https://en.wikipedia.org/wiki/Mens_rea mens rea], [[intention]], or [[state]] of [[mind]], at the time of an act of which the defendant is accused.

In some [http://en.wikipedia.org/wiki/Common_law common law], [[jurisdictions]] such as the UK, Canada, and several Australian states, the defense of provocation is only available against a charge of [http://en.wikipedia.org/wiki/Murder murder] and only [[acts]] to reduce the conviction to [http://en.wikipedia.org/wiki/Manslaughter manslaughter]. This is known as "voluntary manslaughter" which is considered more serious than "involuntary manslaughter", which comprises both manslaughter by "unlawful act" and by [[criminal]] negligence. In some states with [http://en.wikipedia.org/wiki/Criminal_Code Criminal Codes], such as the Australian states of Queensland and Western Australia, provocation serves as a complete defense to the range of assault-based offenses. In the United States, the [http://en.wikipedia.org/wiki/Model_Penal_Code Model Penal Code] substitutes the broader [[standard]] of extreme [[emotional]] or [[mental]] distress for the comparatively narrower [[standard]] of provocation.

In some [https://en.wikipedia.org/wiki/Common_law common law], [[jurisdictions]] such as the UK, Canada, and several Australian states, the defense of provocation is only available against a charge of [https://en.wikipedia.org/wiki/Murder murder] and only [[acts]] to reduce the conviction to [https://en.wikipedia.org/wiki/Manslaughter manslaughter]. This is known as "voluntary manslaughter" which is considered more serious than "involuntary manslaughter", which comprises both manslaughter by "unlawful act" and by [[criminal]] negligence. In some states with [https://en.wikipedia.org/wiki/Criminal_Code Criminal Codes], such as the Australian states of Queensland and Western Australia, provocation serves as a complete defense to the range of assault-based offenses. In the United States, the [https://en.wikipedia.org/wiki/Model_Penal_Code Model Penal Code] substitutes the broader [[standard]] of extreme [[emotional]] or [[mental]] distress for the comparatively narrower [[standard]] of provocation.

Under the [http://en.wikipedia.org/wiki/United_States_Sentencing_Guidelines United States Sentencing Guidelines], "If the [[victim]]'s wrongful [[conduct]] contributed significantly to provoking the offense [[behavior]], the court may reduce the sentence below the guideline range to [[reflect]] the [[nature]] and [[circumstance]]s of the offense."[http://en.wikipedia.org/wiki/Provocation_%28legal%29]

Under the [https://en.wikipedia.org/wiki/United_States_Sentencing_Guidelines United States Sentencing Guidelines], "If the [[victim]]'s wrongful [[conduct]] contributed significantly to provoking the offense [[behavior]], the court may reduce the sentence below the guideline range to [[reflect]] the [[nature]] and [[circumstance]]s of the offense."[https://en.wikipedia.org/wiki/Provocation_%28legal%29]

[[Category: Law]]

[[Category: Law]]

[[Category: Psychology]]

[[Category: Psychology]]