Saturday, March 05, 2005

Passion of the criminal law student

The other day, we were discussing the "heat of passion" defense to homicide, which is also known as "extreme emotional disturbance." Our professor said this defense applies only to homicide.

"What if the husband came home and found his wife with her lover, but instead of killing her, he beat her up instead?" asked our favorite irrelevant-question-poser. The professor thinks this student is preparing for a life of crime based on the "what can I get away with" questions he asks during every class.

The professor repeated that the defense applied only to homicide after his initial amusement over the student's question.

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