Quote:
Originally posted by mayoisthedevil
oh, just a quick question...do they really give the death penalty to the crimes of passion one? the example you gave, if you saw your daughter getting raped, couldn't they plead momentary insanity and not get the death penalty?
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dunno if anyone else answered this, but we covered this exact thing in class.
there are degrees, 1st and 2nd. 1st requires malice and aforethought, malice which is a given and aforethought showing thought.
2nd is this exactly, passion. there was probably a second of thuoght before the action. MUCH different between someone plotting something and the courts recognize this
momentary insanity would rarely apply here, but thats like in cases of post partum and such..
NOW there are ALWAYS exceptions eg crime of passion and u massacre 40 people? ... seee.....