Provocation: the ongoing subservience of principle to tradition

Neal, Luke and Bagaric, Mirko 2003, Provocation: the ongoing subservience of principle to tradition, Journal of criminal law, vol. 67, no. 3, pp. 237-256.

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Title Provocation: the ongoing subservience of principle to tradition
Author(s) Neal, Luke
Bagaric, Mirko
Journal name Journal of criminal law
Volume number 67
Issue number 3
Start page 237
End page 256
Publisher Vathek Publishing
Place of publication Dalby, England
Publication date 2003-06
ISSN 0022-0183
Keyword(s) law & criminology
Summary The defence of provocation has been highly criticised. Most
commentators argue that the defence i" misguided. There does not appear
to be any community pressure to preserve the defence. Despite this,
legislatures are reluctant to abolish provocation as a partial defence to,
murder. This article examines the underlying rationale for tile defence. I1
concludes that the defence is founded on a flaw~ed assumption about
human nature-that people are captive to some of their emotional states.
It is also argued that the convoluted and confusing (if not confused) test
for provocation is evidence of the unsound nature of the defence-it is
simply a case of not being able to develop a feasible (and candid) principle
for a doctrine that is devoid of a sound justification.
Language eng
Field of Research 180110 Criminal Law and Procedure
HERDC Research category C1 Refereed article in a scholarly journal
Copyright notice ©2003, Vathek Publishing
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Document type: Journal Article
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