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Essay Details:
Essay text:
Are there other legal means of achieving
substantive justice?
At the time of the case of Mancini the concept of provocation as a
defence to murder was already a well established one dating back centuries. It
originated from the days when men bore arms and engaged in quarrels of violence
that often resulted in a homicide being committed. For provocation to be an
ample defence to murder it needed to be something which incited immediate anger,
or "passion" and which overcame a person's self control to such an extent so as
to overpower or swamp his reason. What this something can be has been the
subject of many views through the centuries, and these views have strongly
depended upon the type of person whom the law has regarded as deserving
extenuated consideration when provoked to kill...
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