"And what does the LORD require of you But to do justice, to love kindness, and to walk humbly with your God"
-- Micah 6:8

"The duty of the prosecutor is to seek justice, not merely to convict."
-- American Bar Association Standard 3-1.2(c)

"There may be a legitimate diversity of opinion even among Catholics about waging war and applying the death penalty, but not however with regard to abortion and euthanasia."
--Pope Benedict XVI, June 2004

Tuesday, September 05, 2006

It seems that the defense of "extreme emotional distress" could be the route for the patent lawyer turned alleged knife killer that we considered here. In Connecticut,
EED, a rarely successful statutory affirmative defense available only in murder cases, permits defendants to be found guilty of manslaughter if they can show that, at the time of the crime, they were so overwhelmed by a triggering event that they could not conform to the requirements of the law, New Haven Public Defender Thomas Ullmann explained.
Of course, it is not an absolute defense like insanity, but only gets the charge knocked down to manslaughter. In this light, it resembles Virginia's common law "heat of passion upon reasonable provocation" defense, which, if shown, also eliminates the elements of malice and premeditation, resulting in a manslaughter conviction, not murder.

No comments: