Maxim 3.3.11
Anger is a short insanity.
Source: Beardsley v. Maynard, 4 Wend. (N.Y.) 336, 355; Weisman, 55d
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) Anger, like temporary insanity, may mitigate but does not excuse — courts consider provocation in reducing the grade of an offense, but the law never permits rage to serve as a complete defense.
Where this applies
- A defendant charged with assault argues the charge should be reduced because he was provoked into a rage by the victim's insults; the court considers the anger as a mitigating factor but not a complete defense.
- A man destroys his neighbor's fence in a fit of rage after a heated argument; the court acknowledges the provocation reduced his culpability but still holds him liable for the damage.
- A contractor tears up a signed agreement in anger during a dispute; later he tries to void the contract, but the court rules that his momentary fury does not excuse him from his obligations.
Legal domains
Cite this maxim
NeCede Max. 3.3.11 — Anger is a short insanity. — Beardsley v. Maynard, 4 Wend. (N.Y.) 336, 355; Weisman, 55d
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