Maxim 3.8.14
A delinquent provoked by anger ought to be punished more mildly.
Source: 3 Inst. 55; Weisman, 80i; Weisman, 92o
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) A wrongdoer who acted under provocation of anger deserves a lighter punishment than one who acted with deliberate calculation — invoke this in mitigation at sentencing.
Where this applies
- A man punches another after being taunted with racial slurs for ten minutes; the court convicts him of assault but imposes a lighter sentence because the provocation mitigates his culpability.
- A defendant smashes a car window after watching the owner deliberately run over his dog; the judge reduces the charge from felony to misdemeanor vandalism, recognizing the provocation of extreme anger.
- A worker shoves his supervisor after being publicly humiliated and berated; the disciplinary board still fires him but recommends a reduced penalty because the offense was provoked by anger rather than premeditated.
Legal domains
Cite this maxim
NeCede Max. 3.8.14 — A delinquent provoked by anger ought to be punished more mildly. — 3 Inst. 55; Weisman, 80i; Weisman, 92o
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