ciroccoj: (Default)
[personal profile] ciroccoj
Couple of interesting articles about the coverage of this war:

And a few interesting (to me) factoids about the defence of "provocation" in Canada.

  • Historically, the only emotion accommodated by this defence was patriarchal rage (eg. man catches wife in adultery, or son being sodomized). A woman coming upon either of those situations could not claim provocation as a defence if she killed her husband, his lover, or whoever was sodomizing her son.
  • Today, provocation is "any wrongful act or insult sufficient to deprive the ordinary person of self-control", but is still used mostly by men, frequently involving sexuality (eg. catching their wife in adultery, or being propositioned by another man.)
  • The provocation must be sudden. The defence cannot be used by a person who has been beaten for years by their spouse and finally snaps. They can try to use self-defence, although this is rarely successful.
  • In a study done by the Dept of Justice (Reforming Provocation, 1998) they noted that 1/6 of homicides involved a spouse, 62/80 by men, 18 by women. 60% involved a history of domestic violence – where the woman was killed, it was 90%.
  • The study advocated several reforms, mostly to remove this defence as a way to let make men get off with 'Manslaughter' instead of murder when they killed their wives. None of the reforms have been implemented.

I love the law.
This account has disabled anonymous posting.
If you don't have an account you can create one now.
HTML doesn't work in the subject.
More info about formatting

November 2012

S M T W T F S
    123
45 678910
11121314151617
18192021222324
252627282930 

Most Popular Tags

Style Credit

Expand Cut Tags

No cut tags
Page generated Jan. 15th, 2026 09:18 am
Powered by Dreamwidth Studios