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92 Cards in this Set
- Front
- Back
Vicarious liability has to be created by?
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Statute
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Vicarious liability makes one liable for the acts of another because of their ______________ to the other.
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Relationship
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To understand the different sort of parties to crime you need to appreciate the difference between ___________ and vicarious liability
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Complicity
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_________ presence at the scene of a crime is, by itself, not enough to justify conviction as an accomplice
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Mere
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Actions taken AFTER crimes are committed aren't themselves _________ actus reus.
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accomplice
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____________ is an agreement to commit some other crime.
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Conspiracy
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Participants AFTER the commission of a crime are guilty of a _____________, less serious offense.
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Seperate
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Participants before and during the commission of crimes are _____________ of the crime
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Guilty
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Traditional parent _____________ statutes aren't the same as vicarious liability
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Responsibility
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When a person is liable for someone else's conduct
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Complicity
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When a relationship between 2 parties makes one party criminally liable for the other party's conduct.
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Vicarious Liability |
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Mere Presence Rule
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Mere presence at the scene of a crime is, by itself not enough to justify conviction as an accomplice. Bailey Vs. Us : Exception Duty To Act |
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Principals in the first degree
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Persons who actually commit the crime
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Principals in the second degree
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Persons present when the crime is committed and who help commit it ( look outs, get a way drivers) |
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Accessories before the fact |
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Accessories after the fact |
Help after the crime is committed ( harboring a fugitive)
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The crime of conspiracy and the crime the conspirators agree to commit are separate offenses.
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Pinkerton Rule |
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State V. Chisim
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Accessory after the fact case |
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Respondeat Superior
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Corporate liability Via Vicarious liability comes through this doctorine.
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Virtually all vicarious liability statues involve the __________-____________
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employer-employee
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Failing to act to stop the crime also fails to meet the requirement unless there was a ________ to act.
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Duty
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This theory assumes that we're autonomous agents with the freedom to choose our actions and become accountable for someone else's actions when we voluntarily " join in and identify with those actions"
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The agency theory
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This is the idea that when you choose to participate in a crime, you forfeit your right to be treated as an individual
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Forfeited personal identity theory
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Most accessory after the fact statutes have _ elements
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4
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This criminologist introduced us to the " white collar criminal" and white collar crime in 1939
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Edwin Sutherland
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Holding parents responsible for the acts of children can be based on vicarious liability from the parent child relationship, these cases are rare and generally against ________ __________.
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Public Policy
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Failure to exercise control laws are not _________ ______________ laws, they are based upon the parents actus reus (omission) and mens rea ( negligence or reckless generally)
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Vicarious liability
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These offenses require some action but not enough to complete the crime intended.
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Inchoate Offenses
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___________ Impossibility is not a defense to an attempt crime
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Factual
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One can become guilty of ___________ long before she is criminally liable for attempt
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Conspiracy
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_________ is the crime of trying to get someone else to commit a crime
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Solicitation
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The heart of a conspiracy is the ___________ between two or more people to commit a crime
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Agreement
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There are two types of large-scale conspiracies
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1. Wheel 2. Chain |
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Voluntary and __________ abandonment of an attempt in progress is a defense to attempt liability in about half the states.
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Complete
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Attempt actus reus Is based on ___ theories of attempt
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2
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The ____________ of inchoate crimes is always the purpose or intent to commit a specific crime
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Mens rea
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Trying to commit a crime but failing or ______________
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Criminal Attempt
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Making agreements to commit crimes or ___________ ___________.
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Criminal conspiracy
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Trying to get someone else to commit a crime or ___________ ____________
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Criminal solicitation
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Criminal conspiracy, attempt and solicitation are all _________ ___________
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Inchoate Offenses
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The model penal code calls them offenses of _________ __________.
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General Application
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This rationale looks at how close defendants came to completing their crimes.
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Dangerous act rationale.
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This rationale concentrates on how fully defendants have developed their intent to commit their crimes
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Dangerous person rationale.
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There are _ types of attempt statutes
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2
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Is a single statute that applies to the attempt to commit any crime in the state's criminal code
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General attempt
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These are separate statutes that define attempts in terms of specific crimes in the criminal code
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Specific attempt statutes
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The prosecution has to prove 2 elements ________ _ ________ ________.
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Beyond a reasonable doubt
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The strictest rule of attempt actus reus is called
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"last act rule" |
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These tests help courts decide when defendants acts have taken than just getting ready to attempt and brought them close enough to completing crimes
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Proximity tests
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There are __ tests that deal with the proximity of a defendants acts
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six
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These attempts occur when actors intend to commit crimes but the law doesn't ban what they did.
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Legally impossible attempts
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This occurs when an actor's intend to commit a crime but it is physically impossible because of some fact or circumstance prevents them from completing.
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Factual impossibility
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Voluntary renunciation is also called _________ _____________.
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Voluntary abandonment
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A circumstance beyond the attempters control that prevents the completion of the crime
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Extraneous factor
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The crime of agreeing with one or more people to commit a crime
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Conspiracy |
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Is the requirement of an act that furthers the agreement in the conspiracy
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Overt Act requirement
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The rule that not all conspirators have to agree with or even know the other conspirators.
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Unilateral approach to conspiracy parties |
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One or more defendants participate in every transaction, while others only participate in one.
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Wheel conspiracies |
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Participants at one end of the chain may know nothing of those at the other end but every participant handles the same commodity at different points such as manufacture, distribution and sale.
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Chain conspiracies. |
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Just about any form of human endeavor
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Enterprise
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Committing two or more of a huge list of related crimes
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Pattern of racketeering activity
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Helping others die is referred to as _____________.
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Euthanasia
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Failing to take extraordinary measures to keep somebody alive
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Passive Euthanasia
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Deliberate acts to cause death
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Active euthanasia
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When a dying person makes a rational request
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Voluntary euthanasia
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When a dying person's family/ or court makes a decision for good (beneficent) or bad reasons (malevolent)
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Involuntary euthanasia
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Death that occurs during the commission of an unlawful act
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Unlawful act manslaughter, sometimes refereed to as misdemeanor homicide
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In criminal negligence manslaughter the actus reus the defendants acts create a high risk of ______ or bodily injury
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Death
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In criminal negligence manslaughter the defendant is aware the risk of death or serious bodily injury is high but _______ the acts anyway
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commits
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Criminal negligence homicide _______cover a wide field of unintentional deaths caused by operating vehicles, firearms, medicine, handling explosives, delivering dangerous drugs, allowing vicious animals to run free
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statutes
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These 3 elements of criminal homicide are used to define the kinds and grade the seriousness of a criminal homicide
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Actus reus, Mens rea and special mitigating/aggravating circumstances.
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Doctrine that covers one who intentionally uses a deadly weapon on another human, there by killing him, presumably intends to kill him.
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Deadly Weapon Doctorine
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This kind of murder does not require mens rea
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Felony murder, and "Strict liability" states differ in terms of which felonies.
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The example of the FORD pinto's gas tank exploding upon impact, would be considered what type of murder?
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Corporate |
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This kind of homicide is unintentional, reckless or under extreme mental or emotional disturbances for which there is reasonable explanation or excuse
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Manslaughter
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This rule states that to be classified as a person, and therefore homicide victim, a baby had to be born alive and capable of breathing and maintaining a heartbeat on its own.
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Born-alive-doctrine |
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Killing a person with malice aforethought
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Murder
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Killing a person without malice aforethought
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Manslaughter
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Killing in self-defense would be considered what kind of homicide?
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Justifiable |
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Killing done by someone not of sound memory and discretion (insane or immature) is what kind of homicide?
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Excusable |
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All homicides that are neither justified nor excuses are considered to be?
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Criminal homicide |
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Defined as extremely reckless killings, 2nd degree |
Depraved heart murder |
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First degree murder can be defined as ____________ and deliberate
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Premeditated |
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This procedure requires that the death penalty decision be made in two phases. A trial to determine guilt, and a second to consider the aggravating factors
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Bifurcation procedure |
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In State v. Snowden, the case was essentially about? |
Premeditation and deliberate murder
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Second degree murders can be classified by these characteristics
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Intentional but not premeditated, or deliberate, intent to inflict serious bodily injury murders, and depraved heart murders. |
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This rules states that unintentional deaths that occur during the commission of some felonies are murders
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Felony murder rule |
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The requirement that the provocation for killing in anger has to be something the law recognizes , the defendant himself had to be provoked and that a reasonable person would have been provoked. |
Adequate provocation
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This test requires that a reasonable person under the same circumstances would have had time to cool off.
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Objective test of cooling-off time. |
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The common law that a husband who caught his wife in the act of adultery had adequate provocation to kill.
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Paramour rule |
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This distinction is made by separating the emotions that led to a killing from the question of whether it was reasonable.
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Emotion-act distinction |
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