What is Considered Adequate Provocation To Reduce A Charge To Manslaughter?
Experienced Baltimore Criminal Defense attorneys Attorney Eric T. Kirk have successfully argued that the client who has caused death are perhaps guilty of manslaughter, but not murder. The idea here is that, unfortunately, a death resulted, but it was not the result of a premeditated design, but rather an event, happening or occurrence that aroused such intense feeling in the killer that they should be punished for the crime, but the punishment should be lessened from that meted out to a cold-blooded murder. ,
What type of provocation is sufficient to mitigate a murder charge to manslaughter? The provoking event must be1:
- legally adequate;
- it must have incited a sudden passion in the killer;
- the killing must have been in the in the course of that passion [i.e. no opportunity for cooling off];
- and, the killing must be related to the provocation, and the sudden passion.
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FN1 Tripp v. State, 374 A.2d 384.