heat of passion

heat of passion
A term used by the common law to refer to the condition of a defendant who can assert provocation as a basis for mitigating murder to manslaughter. Refers to passion or anger suddenly aroused at the time by some immediate and reasonable provocation, by words or acts of one at the time. As sufficient to reduce killing from murder to voluntary manslaughter means any intense or vehement emotional excitement of the kind prompting violent and aggressive action, which would cause an ordinary person to act on impulse without reflection. State v. Guebara, 236 Kan. 791, 696 P.2d 381, 385.
The term includes an emotional state of mind characterized by anger, rage, hatred, furious resentment or terror. State v. Lott, 207 Kan. 602, 485 P.2d 1314, 1317.
See also hot blood

Black's law dictionary. . 1990.

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  • heat of passion — heat of pas·sion: an agitated state of mind (as anger or terror) prompted by provocation sufficient to overcome the ability of a reasonable person to reflect on and control his or her actions – called also heat of blood, heat of passion on sudden …   Law dictionary

  • heat of passion — A term used by the common law to refer to the condition of a defendant who can assert provocation as a basis for mitigating murder to manslaughter. Refers to passion or anger suddenly aroused at the time by some immediate and reasonable… …   Black's law dictionary

  • heat of passion — The expression for a mental state on the part of the accused reducing the offense of the killing of a person from murder to manslaughter; heat in the sense of an emotional state, produced by an adequate or reasonable provocation and before a… …   Ballentine's law dictionary

  • sudden heat of passion — sudden heat of passion: heat of passion Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • sudden heat of passion — In the common law definition of manslaughter, this phrase means an excess of rage or anger, suddenly arising from a contemporary provocation. It means that the provocation must arise at the time of the killing, and that the passion is not the… …   Black's law dictionary

  • passion — pas·sion / pa shən/ n: intense, driving, or overpowering feeling or emotion; esp: any violent or intense emotion that prevents reflection see also heat of passion Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • heat — index passion Burton s Legal Thesaurus. William C. Burton. 2006 …   Law dictionary

  • heat — heatable, adj. heatful, adj. heatless, adj. heatlike, adj. /heet/, n. 1. the state of a body perceived as having or generating a relatively high degree of warmth. 2. the condition or quality of being hot: the heat of an oven. 3. the degree of… …   Universalium

  • heat — [[t]hit[/t]] n. 1) the condition or quality of being hot; the state of a body having or generating a high degree of warmth 2) degree of hotness; temperature: moderate heat[/ex] 3) the sensation of warmth or hotness 4) a bodily temperature higher… …   From formal English to slang

  • passion — In the definition of manslaughter as homicide committed without premeditation but under the influence of sudden passion or heat of passion , this term means any of the emotions of the mind known as rage, anger, hatred, furious resentment, or… …   Black's law dictionary

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