Chapter

Excusing Action in Anger

Jeremy Horder

in Provocation and Responsibility

Published in print October 1992 | ISBN: 9780198256960
Published online March 2012 | e-ISBN: 9780191681707 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198256960.003.0009

Series: Oxford Monographs on Criminal Law and Justice

Excusing Action in Anger

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The excusing element in provocation cases is focused on the fact that defendants have only done what they did in anger, in outrage, or following a loss of self-control. This chapter examines what it is about acting in anger that enables provoked defendants to ground their claims to mitigation in excuse. The first section provides a working outline of a theory of excuses in the criminal law. The second section deals with excusing justified losses of self-control. The third section deals with excusing justified outrage. The fourth section examines the desires for revenge. The fifth section explores the case of excusing over-reactions. The sixth section considers the implications for the law on the foundations of the doctrine of provocation regarding excuse.

Keywords: revenge; excuses; justified losses; over-reactions; mean reactions; right reactions

Chapter.  14998 words. 

Subjects: Criminal Law

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