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What is your legal opinion of "heat of passion" defense ??
In law school - I did a legal report on the Clara Harrison case - and the "heat of passion" defense.
Clara Harris is the lady who ran over her husband with her Mercedes.
The "heat of passion" defense was used.
" Heat Of Passion " is a situation of uncontrollable rage which an accused was subjected to at the time of crime - which may have influenced them to do the crime. A criminal activity done in heat of passion shows absence of predetermination - and may not attract sever punishment.
Click on this link of the Opray interview -- it shows the incident. Then CLICK on the interview.
http://www2.oprah.com/tows/pastshows/200504/tows_p...
I still wonder about the difference of opinions concerning "heat of passion" defense.
What is your opinion of "heat of passion" defense ?
Also - what is your opinion of how the defense was applied to Clara Harris - even though it did not help her as intended ??
Also - Crrime of passion is a defendant's excuse for committing a crime due to sudden anger or heartbreak, in order to eliminate the element of "premeditation." This usually arises in murder or attempted murder cases, when a spouse or sweetheart finds their beloved with another. To make this claim the defendant must have acted immediately upon the rise of passion, without the time for contemplation or allowing for "a cooling of the blood." It is sometimes called the "Law of Texas" since juries in that state are supposedly lenient to lovers who wreak their own vengeance. The benefit of eliminating premeditation is to lessen the provable homicide to manslaughter with no death penalty and limited prison terms. An emotionally charged jury may even acquit the impassioned defendant.
"The Thing" .. you make a strong true point.
Vincent, there are many facets to this defense. A person can instantly be put in a different frame of mind in certain situations - those situations could anger a person to do things they naturally would not do. However, where does being responsible for our actions begin .. and where does it end? A consideration might pose the question .. does this passion defense give permission to murder someone when a person is angered at another person? It seems so. This defense is not even self-defense .. it is just a temporary state of mind which the legal field uses for defense. There are true merits of instant anger, and the actions thereof -- but how far should it be taken when lives are concerned ? Lot of controversary, and differences of different opinions, are involved with this type of defense .. and those differences of opinions is why I posted this question. Personally - I think the true facts of the case should be the influencing factors.
11 Answers
- 1 decade agoFavorite Answer
Well i know in Texas (where i live) this is a pretty well known thing. i don't know about other states.
the way it was explained to me is that "the heat of passion" is viewed as "temporary insanity" caused by your rage and basically just losing all clarity. so in court it kinda goes the same way as if you were to make a plea of insanity.
in my opinion i see it as a good and a bad thing.
Good: because if i were to walk in on my wife having sex with another man, i don't know how i would react, but there is a good possibility i might grab the closest object and start beating the living hell out of the other guy. and i could see how the adrenalin and fury could make me lose all self control.
Bad: because a couple could set up a way to murder someone and possibly get away with it. for example; A man and a woman could hate their next door neighbor for some odd reason. so they decided to kill him. so the wife decides to seduce the neighbor, and her husband conveniently walks in on them, kills him and then pulls out "the heat of passion" defense.
All in all i don't think it's necessary:- murder is murder
in the words of George Carlin
"It's all bullshit, and its bad for ya."
- Anonymous1 decade ago
Most Americans will not like it, most want our system to exact revenge. Those that do are shouted down. Europeans understand the concept. Woman's day in court can claim presidency for this very concept. A man at one time could rape his wife and the courts did not see it that way. The OJ.Simpson case is another crime of passion case (no one really doesn't think that guy was anything more than a drifter and that in a feat of jealousy he killed them both), but maybe he didn't. It was the guy with no arm, the Kimble defense. In Europe they have a Long history of this issue and a different understanding as well. They also think the Americans notion to give monies to victims is crazy and when we try it there they say no and laugh at us.
- Anonymous5 years ago
pepper spray is terrible. If youve ever used it you know the fumes coming off of it kick your *** pretty hard. And you cant use it at all in close proximity because it will incapacitate you as well, and just make your attacker really mad. A knife is usually a really good choice, get her something automatic so she doesnt have to worry about getting it open. Dont get a switchblade those are illegal, but a knife with a small lever instead of a button is legal because its like 5% human powered instead of 100% spring loaded. Its a loophole that works in most states.
- Anonymous1 decade ago
It is insane...literally...to allow this defense. If strong emotion is a defense to murder, then any murder other than one motivated by profit should be excused.
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- Anonymous1 decade ago
"Heat of Passion" is a rationalization for outright murder. It doesn't fool many juries.
- Darren GLv 51 decade ago
Heat of passion is a crock of crap!!! I saw this on notorious on the biography channel!!
- 1 decade ago
what ever, it's stupid she's just covering so that people can "understand her misfortune" for killing someone and so the jury can look at with with sympathy..i think anyways (maybe i don't know what you are talking about --;)
- Anonymous1 decade ago
It's BS.
