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Words: 2,000 | Submitted: Sat Mar 01 2008
... earlier roots it emerged in its recognisably modern form in the late 17th and early 18th centuries. It comes from a world of Restoration gallantry where a gentleman had to act in accordance with a code of honour which required insult to be personally avenged by instant angry retaliation. Therefore the defence of provocation was created so that a man of honour was given an allowance in case if he overreacts and kill when a lesser retaliation would have been appropriate. It leads to liability being reduced to manslaughter and avoidance of death penalty. From this it might be seen that the provocation was created especially for men to avoid conviction of murder because of their temper. As the society changed the defence of provocation had also altered to reflect the culture and values of modern society-the loss of control has to be now proved. It has been criticised for ...
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