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NeCede's

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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