A crime of passion is committed under extreme emotional circumstances and involves the discovery of disturbing behavior by a lover or spouse, creating temporary insanity. It is both an act and a legal defense, but not acceptable everywhere. Planning is essential for the defense of passion crime, and it may only reduce the sentence. Proving innocence might be better, and back story may make this defense unsuccessful.
A crime of passion is committed under extreme emotional circumstances and often involves the discovery of disturbing behavior on the part of a lover or spouse, which is presumed to create a state of temporary insanity in the person who commits the crime. It is both an act and a legal defense. Temporary insanity may be the most common defense against a crime of passion, and when used by a defendant, part of the goal is to get the sentence reduced or eliminated for a crime the defendant clearly committed, such as serious assault or homocide. It’s not a perfect defense and it’s not acceptable everywhere. There is some effort in some jurisdictions to eliminate this defense, with legal experts saying that murder or assault is not excusable even when someone is deeply upset. Conversely, the defense has been extremely effective in other venues, where juries seem more likely to condone the outright anger or shock that might immediately follow the discovery of tremendously shocking information.
In most cases, for a crime of passion defense to be valid, very little time should elapse between the discovery and the criminal act. A person who returns home to find their spouse in the act of infidelity and immediately violently attacks and/or kills their spouse and possibly their lover may be more likely to argue that it is a crime of passion than someone who has not committed the crime now. In the latter case, the person could still sustain temporary insanity, if the discovery leads to a verifiable state of insanity. Yet this type of crime is generally quite immediate and little chance of proving this defense exists if any sort of planning can be demonstrated.
Planning is essential for the defense of passion crime. Whenever an act of violence is planned or thought about, the crime can be characterized as premeditated, which tends to lead to much harsher sentences. When a defendant’s attorneys can prove that there is no premeditation, even serious and very worrying crimes can receive lighter sentences. Some convictions such as life imprisonment or death sentences could be eliminated with successful proof that the crime was of a passionate nature or the result of a person suddenly breaking apart. This is the case only in regions where defense is accepted; again, most regions may assess cases differently when temporary insanity is claimed.
Despite the potential sentencing appeal of claiming a crime of passion, it’s not always the best argument to make. He admits to the crime, which may reduce the chances of an acquittal. Crimes of passion are not necessarily related to acquittal and can only reduce the sentence. Proving innocence might be even better, and it’s not always possible to convince a jury that there was enough turmoil to qualify a crime as one of a passion nature. Back story, such as abusive behavior toward a spouse who is later killed, would likely make this defense unsuccessful.
Protect your devices with Threat Protection by NordVPN
