Skip to content
NeCede's

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

Found an error? Suggest a correction →