id	author	title	date	pages	extension	mime	words	sentence	flesch	summary	cache	txt
cjgl-2786	Rosenberg, Roni	A New Rationale for the Doctrine of Provocation: Applications to Cases of Killing an Unfaithful Spouse	2019	37	.pdf	application/pdf	16704	581	54	It held that it is necessary to prove both objective provocation, that is, a reasonable man was likely to have used lethal force in such a situation, and subjective provocation, that is, this specific defendant acted under the influence of extreme emotion caused by the provocation.102 The court in Shane rejected the categorical stance that words could never be the basis for a claim of provocation, but did find that usually words alone would not suffice.103 There the woman had not come to Shane and admitted the infidelity, thus sparking his rage. Columbia Journal of Gender and law220 37.2 A NEW RATIONALE FOR THE DOCTRINE OF PROVO- CATION: APPLICATIONS TO CASES OF KILLING AN UNFAITHFUL SPOUSE RONI ROSENBERG* INTRODUCTION The doctrine of provocation as a mitigating factor in criminal culpability has been the subject of considerable study in various countries.1 Under this doctrine, criminal liability for intentional killing is reduced from murder to manslaughter where the act was a reaction to provocation.2 This raises a series of essential jurisprudential and ethical questions: Is it truly appropriate to reduce the criminal liability of one who killed intentionally simply because the killing was a result of provocation?	cache/cjgl-2786.pdf	txt/cjgl-2786.txt